That all men are created equal does not mean that human beings are the same, or equal, in size, strength, beauty, virtue, or intelligence. There are obviously great differences in individual aptitudes and talents in sports, music, mathematics, speaking, and writing. They are also unequal in the virtues, among them courage, temperance, and justice. But as Jefferson once said, the fact that Sir Isaac Newton may be the most intelligent of living human beings does not give him any right whatever to my person or my property.
American historian and political philosopher (1918–2015)
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The paradox of calling the same human beings persons and property brings the cause of the Civil War into the sharpest focus. A person by definition is a being possessed of a rational will. A chattel by equal definition is a piece of movable property without a rational will. Because a horse or a dog lacks a rational will, its owner is responsible for any damage or injury it may cause. But slaves were held as responsible for their own actions, as were their masters, under the criminal codes of the slave states. The slave owners, in seeking to have the slaves counted as five-fifths, were asserting that they were full human beings. At the same time, by claiming the right to their labor as chattels, they were asserting them to be sub-human. How the slaves could be both was something that Jefferson Davis and his friends never explained.
But once we have reached this agreement and we then elect a government and that government functions—and the election for that government is one in which there’s freedom of speech, freedom of the press, freedom of association, so that it is a legitimate government—then that government commands our obedience. We have no right to reject our duty to obey because we don’t like the result of the election—provided the election is conducted fairly and Constitutional rights are observed.
The great difficulty in forming legitimate governments is in persuading those forming the governments that those who are to be their fellow citizens are equal to them in the rights, which their common government is to protect. Catholics and Protestants in sixteenth-century Europe looked upon each other as less than human, and slaughtered each other without pity and without compunction. It was impossible for there to be a common citizenship of those who did not look upon each other as possessing the same right of conscience. How one ought to worship God cannot be settled by majority rule. A majority of one faith cannot ask a minority of another faith to submit their differences to a vote. George Washington, in 1793, said that our governments were not formed in the gloomy ages of ignorance and superstition, but at a time when the rights of man were better understood than in any previous age. Washington was right, in that such rights were, in the latter part of the eighteenth century, in America, better understood. But they were not perfectly understood, as the continued existence of chattel slavery attests. A difference concerning the equal rights of persons of color made the continued existence of a common government of all Americans impossible. A great civil war had to be fought, ending the existence of slavery, reuniting the nation and rededicating it to the proposition that all men are created equal.
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And if you look at the things that are denied to the states in the Constitution, for example, they are denied the right to coin money. Now, throughout history, the right to coin money has been a symbol of sovereignty. If states do not have the right to coin money, they are not sovereign in the sense that would justify secession as a state right.
This nation was founded," President Bush wrote, "upon the belief that every human being is endowed by our Creator with certain 'unalienable rights.' The President, in using the exact language of the Declaration of Independence, including the archaic "unalienable," has expressed the conviction that "the laws of nature and of nature's God" furnish the moral foundation of constitutional government. "President Jefferson's timeless principle," he wrote, "obligates us to pursue a civil society that will democratically embrace its essential moral duties...
That was the line he took, and he did not try to settle the matter of what would be done if universal emancipation came. No intelligent politician tries to raise questions that will divide his followers. He tries to take positions that will unite his followers. And Lincoln did the best that anybody could have possibly done to unite his followers on the questions of principle, which applied directly to the great issue of public policy, which at that time was slavery in the territories. And I think my time is up.
The vice-president and the president of the Confederate States of America grounded their justification of American slavery on the grounds of a fraudulent science and a crazy fundamentalism. No sane person today can regard them as other than pathetic reminders of a society, like Nazi Germany, mentally unbalanced by its commitment to human inequality.
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Marx saw morality as the great enemy of human well-being and now the society of the future is one in which moral distinctions based upon the Judeo-Christian and Greek tradition will dissolve. Without even knowing it, we are moving into a Communist world. Without a revolution, we are moving into the world that Marx wanted.
In 1896, in Plessy v. Ferguson, the Court decided that 'separate but equal' did not violate the equal protection clause, and the South and not only the South relied upon this decision in building their systems of racially segregated public schools. The Court's 1896 decision can be explained in part by reason of the fact that the country—and the Western World generally—was then nearly submerged by the 'evolutionary' enlightenment. This movement, which dominated the intellectual elites in the universities, the law schools, and the media, denied the story of Creation in the Bible, and rejected the hitherto received idea that "God hath made of one blood all nations of men for to dwell on all the face of the earth." It entertained instead the idea that the races of mankind did not all emerge at the same time from the subhumanity which preceded their humanity. Evolutionary doctrine encouraged the idea that there was a fundamental inequality among the aforesaid races, and this idea virtually relegated to the "dustbin of history" the contrary idea, enshrined in the Declaration of Independence and the Gettysburg Address, "that all men are created equal."
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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On the question of the gentlemanliness of the debate, I'm reminded that in the Congress, just before the Civil War, the Senator from New Hampshire, I think, made an anti-slavery speech, and a Senator from Mississippi, not Jefferson Davis, invited him to come down to Mississippi to make that speech, promising to see that he was hanged from the highest tree in the forest. The Senator from New Hampshire invited the Senator from Mississippi to come to New Hampshire where he would be given a respectful hearing in every township in that State.