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, throughou… - Harry V. Jaffa

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.

According to Davis it did not require a Galileo or a Harvey (or a Darwin) to discover the natural inferiority of the Negro. All that was necessary was a visit to the District of Columbia jail!

And Lincoln pointed out that this argument—which the Court applied to the territories—could also equally well be applied to the states, so that the prospect of slavery becoming national, not only through the spread into the new territories but in the spread to the states, was very great. This was Lincoln’s argument.