But what happened then? The majority of the delegates to that convention wanted to nominate Stephen A. Douglas as the Democratic candidate for the pr… - Harry V. Jaffa

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.

Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever. (Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.)

Much has been written about Jefferson himself being laggard, later in life, in his efforts against slavery. But in Jefferson the draftsman and spokesman for the American people in the American Revolution, the man of whom Lincoln would say that he 'was, is, and perhaps will continue to be, the most distinguished politician of our history', there was never the least equivocation as to slavery's injustice and immorality.