Slavery came to the English colonies in North America in the 17th century because the colonists found themselves in possession of a vast continent, needing only cultivation to make it the homes of millions of free, prosperous, God-fearing human beings. Those who came from Europe would be refugees from the tyranny and oppression of feudalism, divine right monarchy, and religious intolerance. But converting this vast wilderness into cultivated lands required labor. It was nearly inevitable that someone would turn to tribal Africa for some, at least, of this labor. It is paradoxical but true that a large measure of the labor that turned America into a sanctuary for freedom came from slavery. The slave trade that developed between North America and the west coast of Africa is one of the great horror stories of western civilization. It resulted also from the unlimited greed of the African chiefs who enslaved their brother Africans, and then sold them to white slave traders. They in turn sold them, for vast profits, into the new world.

The President's proclamation is a mighty blow against the legal positivism that infects our legal establishment, and the moral relativism that pervades our society. But this can only be the beginning of a far greater struggle than that against the physical danger of terrorism. It means taking up once again the burden Lincoln bore, in reasserting the truth of the Declaration, against the "positive good" theory of slavery, and against the still more deadly theory that majorities, and not the difference between right and wrong, should decide the future of slavery.

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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.

Colonists did not, at this point, claim any privileges under the law of Great Britain. They were breaking from the law of Great Britain. They were appealing instead to the laws of nature and of nature’s God. And it was under those laws that they had the right to resist oppression.

George W. Bush has said he wants to change things in Washington. On this President's Day, we find him attempting this change in a most profound way. President Bush is to be commended for his recent Proclamation of National Sanctity of Human Life Day, in which he reminds his fellow citizens of the true principles of free government. But those principles today are usually ignored, or scorned. By taking up the challenge of defending these principles, President Bush aligns himself with the greatest President of our nation's history.

Let us contemplate two epochal events in the long human story. One is the annunciation of the unity of God at Mt. Sinai. That same God was said to have made man, alone among living beings, in His image. Implicit in the unity of God was the corresponding unity of the human race. But it was only after more than three thousand years, that the Declaration of this unity was made in Philadelphia. One need not believe in direct divine intervention to think that it has been the peculiar mission of the American people to testify to the unity on earth of God, and of man. Such testimony could take no more evident form than in the denunciation of chattel slavery in the founding itself. That denunciation is prominent beyond doubt or denial, in the documents of the founding. Men of reason can agree with men of faith, that neither God nor man could have devised a more dramatic event than our founding to demonstrate to the world the meaning inherent in this unity.

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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.

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In the decade from the Declaration to the Constitution every state north of the Mason Dixon line, and north of the Ohio River, either abolished slavery or adopted measures leading to abolition. But in 1793 the cotton gin was invented, shortly after the power loom in England. This was the onset of the industrial revolution. Almost overnight, a new industry or rather a series of new industries, proliferating worldwide, was born. It began with the growing of cotton but was followed by its manufacture into a wide variety of products, especially cotton cloth and cotton clothing. Suddenly, slave labor became vastly more profitable. In the decade before the Civil War, the value of slaves doubled. Once again, greed overwhelmed all other motives. From being regarded as a temporary evil, as it was at the founding, slavery came to be regarded as a positive—and permanent—good.

In the tradition of American constitutionalism, all men are equally endowed by their Creator with certain rights. The equality of man is understood in the light of man's inequality with God: because men are not and never can become God or gods — because unqualified wisdom is never available to human beings — only government by the consent of the governed, and under the rule of law, is intrinsically in accordance with the eternal order.

In the Lincoln-Douglas debates, Lincoln accomplished something almost miraculous. That is to say, what he had to do was to fight off the challenge of Douglas from the Republican side and at the same time drive a wedge between Douglas and the Southern Democrats. I compared his achievement in that to Stonewall Jackson’s Valley Campaign, where Jackson fought two federal armies, beat them both and kept them close to Washington while he joined Lee before Richmond for the final battle of the seven days. It was a case of technical and strategic cleverness and profundity that is, I think, perhaps almost unrivaled in world history.

Now, Lincoln' position was consistent throughout the debates. A great deal is said—Dr. DiLorenzo says it, but it's been said countless times before—that Lincoln used racist language in the debates. That’s not true. Now what Lincoln argued for in the debates was the recognition of the natural rights of black people, when Douglas said that if the people of Nebraska are good enough to govern themselves, they certainly are good enough to govern a few miserable Negroes. And Lincoln replied by saying, "I doubt not that the people of Nebraska are as good as the average of people elsewhere, what I say is that no man is good enough to govern another without his consent."

If "safeguards of individual liberty" do not have "any intrinsic worth", then neither does individual liberty. And if individual liberty has no intrinsic worth, neither does individual life. It is impossible to imagine a more complete denial of President Bush's proclamation of the sanctity of human life, or of his assertion of an "essential human dignity attached to all persons by virtue of their very existence." This is not only legal positivism, it is nihilism. It is not only a denial of any moral foundation of constitutionalism, it is a denial of any moral foundation of political community.

The American Revolution and the Civil War were not merely discrete events. They constitute the first and last acts of a single drama. The fourscore and seven years between the Declaration of Independence and the Gettysburg Address comprehended the action of a tremendous world-historical tragedy.

Bob Dole and Jack Kemp declared that the Republican Party is the party of Lincoln. But just what is the connection between the Republican Party of 1860 and that of 1996? The essence of slavery, Lincoln said, was expressed in the proposition: "You work; I'll eat." Upon his election as president, he was besieged by office seekers who drove him to distraction. Lincoln was blunt in his judgment of the great majority of them. They wanted to eat without working. Lincoln saw the demand for the protection of slavery and the demand for government sinecures to be at bottom one and the same. The origin of all constitutional rights, according to Lincoln, was the right that a man had to own himself, and therefore to own the product of his own labor. Government exists to protect that right, and to regulate property only to make it more valuable to its possessors.

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Affirmative action, rightly understood, would justify a wide variety of outreach programs for those whose lives have been stultified by poverty, broken families, bad schools, and neighborhoods filled with drugs, crime and gangs. One can heartily commend a program for tutoring young blacks, or young whites, who had never had a genuine teacher in a real classroom. One cannot, however, commend a program of raising the grades of young blacks, but not young whites, without having raised their skills. And what possible justification can there be there for giving scholarship assistance to the child of a black middle-class family, while denying it to a poor white? Can one imagine a more crass disregard for the genuine meaning of the Equal Protection Clause? The priests of this new religion of 'affirmative action' are not without material interests. Hundreds of millions of corporate dollars are spent annually on 'sensitivity training'. Within the universities, centers for black, brown and women's (i.e., feminist) studies are being established, with vast amount of patronage bestowed upon them. Traditional courses in Plato, Aristotle, Thomas Aquinas, Shakespeare and the Bible continue to appear in the catalogs, but they are increasingly taught by 'deconstructionists', who have no interest in the texts, but only in subjective reactions to the texts.