By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX. https://richlandcollege.edu/ Note that I do NOT select which ads run on the blog.
Tuesday, May 03, 2011
More on the Civil War
As we remember the beginning of the Civil War/War between the States/ I offer a few more historical comments. Sections of Lincoln’s Mar. 4, 1861, First Inaugural Address are presented below. The address states that the issue dividing the country is, for him, not slavery per se, but extension of slavery into new U.S. territories. Certainly there were abolitionists who wanted slavery abolished everywhere (e.g. John Brown). However, such abolitionists were probably in a minority in the North. Lincoln promised to enforce the fugitive slave act. Protection of then-existing slavery and/or expansion of slavery into new territories were the primary motive for secession. Lincoln did not challenge the former. Lincoln declares that unilateral secession was unlawful. Why not call a constitutional convention to deal with this issue? I doubt that most northerners, most of whom also embraced white supremacy, wanted war to end slavery. More on this later, but there is a good chance that this amendment would have been approved, the country and territories divided, and perhaps a new federal government limited to issues of national defense created. We will never know! Lincoln stated:
“I do but quote from one of those speeches when I declare that "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." Those who nominated and elected me did so with full knowledge that I had made this, and many similar declarations, and had never recanted them. And more than this, they placed in the platform, for my acceptance, and as a law to themselves, and to me, the clear and emphatic resolution which I now read:
"Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes."
I now reiterate these sentiments: and in doing so, I only press upon the public attention the most conclusive evidence of which the case is susceptible, that the property, peace and security of no section are to be in anywise endangered by the now incoming Administration. I add too, that all the protection which, consistently with the Constitution and the laws, can be given, will be cheerfully given to all the States when lawfully demanded, for whatever cause — as cheerfully to one section, as to another.
There is much controversy about the delivering up of fugitives from service or labor. The clause I now read is as plainly written in the Constitution as any other of its provisions:
"No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."
It is scarcely questioned that this provision was intended by those who made it, for the reclaiming of what we call fugitive slaves; and the intention of the law-giver is the law. All members of Congress swear their support to the whole constitution — to this provision as much as to any other. To the proposition then, that slaves whose cases come within the terms of this clause, "shall be delivered up," their oaths are unanimous. Now, if they would make the effort in good temper, could they not, with nearly equal unanimity, frame and pass a law, by means of which to keep good that unanimous oath?
It follows from these views that no State, upon its own mere motion, can lawfully get out of the Union, — that resolves and ordinances to that effect are legally void; and that acts of violence, within any State or States, against the authority of the United States, are insurrectionary or revolutionary, according to circumstances.
One section of our country believes slavery is right, and ought to be extended, while the other believes it is wrong, and ought not to be extended. This is the only substantial dispute.”
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment