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" "But one may ask, how is it that slavery, or any other form of invidious discrimination, has played so great a role in American history? How could a nation, dedicated at its birth to the proposition that all men are created equal, have tolerated slavery and its effects so long? If we look to the long history of mankind, however, we will ask a different question. Slavery was lawful in every one of the original thirteen states. There was accordingly nothing remarkable in the fact that slavery was not abolished immediately on independence. What is remarkable is that a slave-owning nation would declare that all men are created equal, and thereby make the abolition of slavery a moral and political necessity. To accomplish that task would not be easy. We need to see the dimensions of that task to appreciate its difficulty.
Harry Victor Jaffa (7 October 1918 – 10 January 2015) was an American historian, writer, and collegiate professor from New York City, known for his writings on the American Civil War.
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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.
There were eight of them that had laws trying to protect black people who were free from being kidnapped as slaves, because under the law of 1850, the Fugitive Slave Act. If a Southerner came across from Virginia to Pennsylvania and saw a black man that he thought he would like to have as a slave, he had to say, 'Well, that’s my runaway slave', and this runaway slave would then be arrested and confined, and then there would be a hearing before a federal commissioner. And the would-be slave owner could summon witnesses—as many as he wanted. The man accused of being a slave could summon no witnesses, had no counsel. And if the federal commissioner decided he was a slave, he was paid $10, and if he decided he was a free man, he was paid $5. It’s hard to imagine any law passed in either Nazi Germany or Stalin's Russia that was more inconsistent with the principles of civil liberty than the Fugitive Slave Act.
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The events of this story are morally indefensible. But the greed that motivated the human actors—excluding of course the slaves themselves—was so overwhelming as to be irresistible. It is impossible for us today who condemn the slave trade to imagine any effective opposition to it in the 17th century. A parallel in our time would be the unstoppable trade in narcotics. We can't stop the supply because we can't stop the demand. To the limitless demand for labor in the new world the slave trade was a limitless response. Like drugs today, laws against it were powerless, because the profits were so great. Opposition to the slave trade did come in time, in the principles of the American Revolution, but not before slavery had formed deep roots in the economy and polity of the United States. The foreign slave trade was outlawed by the United States in 1808, and it was made a capital crime in 1820, but the trade continued right up until the Civil War. It is good however to remind ourselves that no black slave was sold to a white slave trader, on the west coast of Africa, who had not already been enslaved by a black African. Slavery was an equal opportunity employer!