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.
American historian and political philosopher (1918–2015)
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But the South became a closed society on the eve of the Civil War, and it became a closed society after the end of Reconstruction. The Intercollegiate Studies Institute for some time circulated a book edited by my late friend Mel Bradford, The Essays of Andrew Litell ; was one of the Southerners who took their stand in 1931, I think it was. And one of those essays, written in 1934, praised lynching as a legitimate exercise of the reserve powers of the states when the government didn't fulfill its duty to take care of racist agitators. So the South was a closed society on the subject of race right up until World War II.
This, by the way, was a demand for the greatest increase of federal power prior to the New Deal, maybe even since the New Deal. The greatest demand for an increase in federal power was made by the Southern states in 1860. And the majority in the convention refused to adopt this, and they refused to adopt it because nobody could be elected dogcatcher in a free state who supported a federal police power over slavery in the territories.
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The recently passed law to "end welfare as we know it" came about because a lethargic public has been aroused at last, not by the failure of the welfare system but by its success. The public indignation, however, would have been of no effect had we not elected a Republican Congress. No Democratic Congress would ever have passed such a law. Just as welfare reform may help end the poverty industry, the California Civil Rights Initiative on the November ballot may lead to the demise of another 1960s product, the racism and sexism industry. The 1964 Civil Rights Act outlawed discrimination based upon race, sex, color, religion or ethnic origin. The act was based on the premise that the only race to which a person must belong is the human race. With respect to God-given natural rights, "all men are created equal".
Now there’s document on a subject of states' rights and states' sovereignty which is very seldom cited but which is absolutely fundamental to understanding the status of sovereignty under the Constitution: the letter that George Washington wrote transmitting the new Constitution to the Congress on September 17, 1787. And among the ironies of this letter is the fact that John C. Calhoun in his Discourse on the Constitution and Government of the United States, the sequel to his Disquisition on Government, cites the words that Washington used to support his position that this was a federal government, and that “federal” meant one in which the constituent parts retains complete sovereignty. And he refers to the fact that Washington refers to “the federal government of these States.”
If the people in this room were not citizens of the United States, if they were not citizens of any state, or of any sovereign government, and if we decided that we needed to, for our own protection, first beginning with safety—September 11th told us why we need each other for the sake of safety—form a government, we have to recognize, each one of us, that this government shall protect the right to life, and to liberty, and property of each one of us. No one of us can say that he deserves protection for the government to be formed, but not somebody else, or that somebody is entitled to more protection than anybody else. Anybody who demands more protection from the government than his fellow citizens won’t be accepted as a fellow citizen.
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Well, in the first place, I deny that Lincoln acted unconstitutionally at any time during the Civil War. It was a civil war. There were traitors in the midst of all of the free states. The possibility of recruiting soldiers and keeping them from deserting. There was lots of desertion on both sides of the Civil War, and it just happens that there were more Confederate soldiers executed for desertion than there were Union soldiers. But there were plenty of executions on both sides.
What happened in 1828 is also a very curious fact. 1828 was a crucial moment in the history of the tariff, because the national debt was just being paid off, and so the income from the tariff would produce a surplus in the treasury. And at that time, there was a great fear that a surplus in the federal treasury might be used to buy the freedom of slaves.
While slavery meant Egypt, and slavemasters meant Pharoah, America itself remained the promised land. The slaves knew that it was not in Africa, Europe, or anywhere else that a nation had been founded upon the self-evident truth that all men are created equal. It was their destiny to cross over jordan here, and to make their decisive contribution to the human story here, by partaking of that new birth of freedom that alone could vindicate the cause of all human beings everywhere.