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 t… - Harry V. Jaffa

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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.

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About Harry V. Jaffa

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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Alternative Names: Harry Victor Jaffa Harry Jaffa

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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.

Lincoln was again and again to refer to the proposition, 'all men are created equal', as an 'abstract truth', a truth which was the life principle of American law. The implications of this truth were only partially realized, even for white men, and largely denied as far as black men were concerned. Yet it supplied the direction, the meaning, of all good laws in this country, although the attempt at that time to achieve all that might and ought ultimately to be demanded in its name would have been disastrous. A law is foolish which does not aim at abstract or intrinsic justice; and so is it foolish to attempt to achieve abstract justice as the sole good by succumbing to the fallacy to which the mind is prone, which regards direct consequences as if they were the only consequences. Those who believe anything sanctioned by law is right commit one great error; those who believe the law should sanction only what is right commit another. Either error might result in foolish laws; and, although a foolish law may be preferable to a wise dictator, a wise law is preferable to both.

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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!

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