Civil War Document Packet Causes of Civil War and the Events of the Civil War

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1 Civil War Document Packet Causes of Civil War and the Events of the Civil War Document 1 Annotation: Stephen Douglas delivered this speech during the series of debates between him and Lincoln while they were running for the Illinois senatorial seat. Douglas delivers a view that is very similar to Taney s decision in the Dred Scott Court Case. Stephen Douglas: Speech on Slavery and the Founding (1858)....I tell you that this Chicago doctrine of Lincoln's -- declaring that the negro and the white man are made equal by the Declaration of Independence and by Divine Providence -- is a monstrous heresy. The signers of the Declaration of Independence never dreamed of the negro when they were writing that document. They referred to white men, to men of European birth and European descent, when they declared the equality of all men. I see a gentleman there in the crowd shaking his head. Let me remind him that when Thomas Jefferson wrote that document he was the owner, and so continued until his death, of a large number of slaves. Did he intend to say in that Declaration that his negro slaves, which he held and treated as property, were created his equals by divine law, and that he was violating the law of God every day of his life by holding them as slaves? It must be borne in mind that when that Declaration was put forth, every one of the thirteen colonies were slave-holding colonies, and every man who signed that instrument represented a slaveholding constituency. Recollect, also, that no one of them emancipated his slaves, much less put them on an equality with himself, after he signed the Declaration. On the contrary, they all continued to hold their negroes as slaves during the Revolutionary War. Now, do you believe -- are you willing to have it said -- that every man who signed the Declaration of Independence declared the negro his equal, and then was hypocrite enough to hold him as a slave, in violation of what he believed to be the divine law? And yet when you say that the Declaration of Independence includes the negro, you charge the signers of it with hypocrisy. I say to you frankly, that in my opinion this government was made by our fathers on the white basis. It was made by white men for the benefit of white men and their posterity forever, and was intended to be administered by white men in all time to come. But while I hold that under our Constitution and political system the negro is not a citizen, cannot be a citizen, and ought not to be a citizen, it does not follow by any means that he should be a slave. On the contrary, it does follow that the negro as an inferior race ought to possess every right, every privilege, every immunity which he can safely exercise consistent with the safety of the society in which he lives. Humanity requires, and Christianity commands, that you shall extend to every inferior being, and every dependent being, all the privileges, immunities, and advantages which can be granted to them consistent with the safety of society. If you ask me the nature and extent of these privileges, I answer that that is a question which the people of each State must decide for themselves.... Document 2 Annotation: Lincoln delivers this speech during the Lincoln-Douglas Debates. Lincoln demonstrates his views on the Founding Fathers and the Declaration of Independence. This excerpt also provides the basis for Lincoln s argument against the Dred Scott decision. Lincoln continues to pose the question: If the Founders did not want African Americans included in the Declaration of Independence, why didn t they put the specific language in the document? Speech on the Dred Scott Decision

2 Abraham Lincoln June 26, 1857 FELLOW CITIZENS: I am here to-night, partly by the invitation of some of you, and partly by my own inclination. Two weeks ago Judge Douglas spoke here on the several subjects of Kansas, the Dred Scott decision, and Utah. I listened to the speech at the time, and have read the report of it since. It was intended to controvert opinions which I think just, and to assail (politically, not personally,) those men who, in common with me, entertain those opinions. For this reason I wished then, and still wish, to make some answer to it, which I now take the opportunity of doing... And now as to the Dred Scott decision. That decision declares two propositions first, that a negro cannot sue in the U.S. Courts; and secondly, that Congress cannot prohibit slavery in the Territories. It was made by a divided court dividing differently on the different points. Judge Douglas does not discuss the merits of the decision; and, in that respect, I shall follow his example, believing I could no more improve on McLean and Curtis, than he could on Taney. He denounces all who question the correctness of that decision, as offering violent resistance to it. But who resists it? Who has, in spite of the decision, declared Dred Scott free, and resisted the authority of his master over him? Judicial decisions have two uses first, to absolutely determine the case decided, and secondly, to indicate to the public how other similar cases will be decided when they arise. For the latter use, they are called "precedents" and "authorities." We believe, as much as Judge Douglas, (perhaps more) in obedience to, and respect for the judicial department of government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. We know the court that made it, has often over-ruled its own decisions, and we shall do what we can to have it to over-rule this. We offer no resistance to it... I have said, in substance, that the Dred Scott decision was, in part, based on assumed historical facts which were not really true; and I ought not to leave the subject without giving some reasons for saying this; I therefore give an instance or two, which I think fully sustain me. Chief Justice Taney, in delivering the opinion of the majority of the Court, insists at great length that negroes were no part of the people who made, or for whom was made, the Declaration of Independence, or the Constitution of the United States. On the contrary, Judge Curtis, in his dissenting opinion, shows that in five of the then thirteen states, to wit, New Hampshire, Massachusetts, New York, New Jersey and North Carolina, free negroes were voters, and, in proportion to their numbers, had the same part in making the Constitution that the white people had. He shows this with so much particularity as to leave no doubt of its truth; and, as a sort of conclusion on that point, holds the following language: "The Constitution was ordained and established by the people of the United States, through the action, in each State, of those persons who were qualified by its laws to act thereon in behalf of themselves and all other citizens of the State. In some of the States, as we have seen, colored persons were among those qualified by law to act on the subject. These colored persons were not only included in the body of the people of the United States, by whom the Constitution was ordained and established; but in at least five of the States they had the power to act, and, doubtless, did act, by their suffrages, upon the question of its adoption."

3 Again, Chief Justice Taney says: "It is difficult, at this day to realize the state of public opinion in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution of the United States was framed and adopted." And again, after quoting from the Declaration, he says: "The general words above quoted would seem to include the whole human family, and if they were used in a similar instrument at this day, would be so understood." In these the Chief Justice does not directly assert, but plainly assumes, as a fact, that the public estimate of the black man is more favorable now than it was in the days of the Revolution. This assumption is a mistake. In some trifling particulars, the condition of that race has been ameliorated; but, as a whole, in this country, the change between then and now is decidedly the other way; and their ultimate destiny has never appeared so hopeless as in the last three or four years. In two of the five States New Jersey and North Carolina that then gave the free negro the right of voting, the right has since been taken away; and in a third New York it has been greatly abridged; while it has not been extended, so far as I know, to a single additional State, though the number of the States has more than doubled. In those days, as I understand, masters could, at their own pleasure, emancipate their slaves; but since then, such legal restraints have been made upon emancipation, as to amount almost to prohibition. In those days, Legislatures held the unquestioned power to abolish slavery, in their respective States; but now it is becoming quite fashionable for State Constitutions to withhold that power from the Legislatures. In those days, by common consent, the spread of the black man s bondage to new countries was prohibited; but now, Congress decides that it will not continue the prohibition, and the Supreme Court decides that it could not if it would. In those days, our Declaration of Independence was held sacred by all, and thought to include all; but now, to aid in making the bondage of the negro universal and eternal, it is assailed, and sneered at, and construed, and hawked at, and torn, till, if its framers could rise from their graves, they could not at all recognize it. All the powers of earth seem rapidly combining against him. Mammon is after him; ambition follows, and philosophy follows, and the Theology of the day is fast joining the cry. They have him in his prison house; they have searched his person, and left no prying instrument with him. One after another they have closed the heavy iron doors upon him, and now they have him, as it were, bolted in with a lock of a hundred keys, which can never be unlocked without the concurrent of every key; the keys in the hands of a hundred different men, and they scattered to a hundred different and distant places; and they stand musing as to what invention, in all the dominions of mind and matter, can be produced to make the impossibility of his escape more complete than it is. It is grossly incorrect to say or assume, that the public estimate of the negro is more favorable now than it was at the origin of the government. Three years and a half ago, Judge Douglas brought forward his famous Nebraska bill. The country was at once in a blaze. He scorned all opposition, and carried it through Congress. Since then he has seen himself superseded in a Presidential nomination, by one indorsing the general doctrine of his measure, but at the same time standing clear of the odium of its untimely agitation, and its gross breach of national faith; and he has seen that successful rival Constitutionally elected, not by the strength of friends, but by the division of adversaries, being in a popular minority of nearly four hundred thousand votes. He has seen his chief aids in his own State, Shields and Richardson, politically speaking, successively tried, convicted, and executed, for an offense not their own, but his. And now he sees his own case, standing next on the docket for trial. There is a natural disgust in the minds of nearly all white people, to the idea of an indiscriminate amalgamation of the white and black races; and Judge Douglas evidently is basing his chief hope, upon the chances of being able to appropriate the benefit of this disgust to himself. If he can, by much drumming and repeating, fasten the odium of that idea upon his adversaries, he thinks he can struggle through the storm. He therefore clings to this hope, as a drowning man to the last plank. He makes an occasion for lugging it in from the opposition to the Dred Scott decision. He finds the Republicans insisting that the Declaration of Independence includes ALL men, black as well as white; and forthwith he boldly denies that it

4 includes negroes at all, and proceeds to argue gravely that all who contend it does, do so only because they want to vote, and eat, and sleep, and marry with negroes! He will have it that they cannot be consistent else. Now I protest against that counterfeit logic which concludes that, because I do not want a black woman for a slave I must necessarily want her for a wife. I need not have her for either, I can just leave her alone. In some respects she certainly is not my equal; but in her natural right to eat the bread she earns with her own hands without asking leave of any one else, she is my equal, and the equal of all others. Chief Justice Taney, in his opinion in the Dred Scott case, admits that the language of the Declaration is broad enough to include the whole human family, but he and Judge Douglas argue that the authors of that instrument did not intend to include negroes, by the fact that they did not at once, actually place them on an equality with the whites. Now this grave argument comes to just nothing at all, by the other fact, that they did not at once, or ever afterwards, actually place all white people on an equality with one or another. And this is the staple argument of both the Chief Justice and the Senator, for doing this obvious violence to the plain unmistakable language of the Declaration. I think the authors of that notable instrument intended to include all men, but they did not intend to declare all men equal in all respects. They did not mean to say all were equal in color, size, intellect, moral developments, or social capacity. They defined with tolerable distinctness, in what respects they did consider all men created equal equal in "certain inalienable rights, among which are life, liberty, and the pursuit of happiness." This they said, and this meant. They did not mean to assert the obvious untruth, that all were then actually enjoying that equality, nor yet, that they were about to confer it immediately upon them. In fact they had no power to confer such a boon. They meant simply to declare the right, so that the enforcement of it might follow as fast as circumstances should permit. They meant to set up a standard maxim for free society, which should be familiar to all, and revered by all; constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated, and thereby constantly spreading and deepening its influence, and augmenting the happiness and value of life to all people of all colors everywhere. The assertion that "all men are created equal" was of no practical use in effecting our separation from Great Britain; and it was placed in the Declaration, not for that, but for future use. Its authors meant it to be, thank God, it is now proving itself, a stumbling block to those who in after times might seek to turn a free people back into the hateful paths of despotism. They knew the proneness of prosperity to breed tyrants, and they meant when such should re-appear in this fair land and commence their vocation they should find left for them at least one hard nut to crack. I have now briefly expressed my view of the meaning and objects of that part of the Declaration of Independence which declares that "all men are created equal." Now let us hear Judge Douglas view of the same subject, as I find it in the printed report of his late speech. Here it is: "No man can vindicate the character, motives and conduct of the signers of the Declaration of Independence, except upon the hypothesis that they referred to the white race alone, and not to the African, when they declared all men to have been created equal that they were speaking of British subjects on this continent being equal to British subjects born and residing in Great Britain that they were entitled to the same inalienable rights, and among them were enumerated life, liberty and the pursuit of happiness. The Declaration was adopted for the purpose of justifying the colonists in the eyes of the civilized world in withdrawing their allegiance from the British crown, and dissolving their connection with the mother country." My good friends, read that carefully over some leisure hour, and ponder well upon it see what a mere wreck mangled ruin it makes of our once glorious Declaration. "They were speaking of British subjects on this continent being equal to British subjects born and residing in Great Britain!" Why, according to this, not only negroes but white people outside of Great Britain and America are not spoken of in that instrument. The English, Irish

5 and Scotch, along with white Americans, were included to be sure, but the French, Germans and other white people of the world are all gone to pot along with the Judge s inferior races. I had thought the Declaration promised something better than the condition of British subjects; but no, it only meant that we should be equal to them in their own oppressed and unequal condition. According to that, it gave no promise that having kicked off the King and Lords of Great Britain, we should not at once be saddled with a King and Lords of our own. I had thought the Declaration contemplated the progressive improvement in the condition of all men everywhere; but no, it merely "was adopted for the purpose of justifying the colonists in the eyes of the civilized world in withdrawing their allegiance from the British crown, and dissolving their connection with the mother country." Why, that object having been effected some eighty years ago, the Declaration is of no practical use now mere rubbish old wadding left to rot on the battle-field after the victory is won. I understand you are preparing to celebrate the "Fourth," to-morrow week. What for? The doings of that day had no reference to the present; and quite half of you are not even descendants of those who were referred to at that day. But I suppose you will celebrate; and will even go so far as to read the Declaration. Suppose after you read it once in the old fashioned way, you read it once more with Judge Douglas version. It will then run thus: "We hold these truths to be self-evident that all British subjects who were on this continent eightyone years ago, were created equal to all British subjects born and then residing in Great Britain." And now I appeal to all to Democrats as well as others, are you really willing that the Declaration shall be thus frittered away? thus left no more at most, than an interesting memorial of the dead past? thus shorn of its vitality, and practical value; and left without the germ or even the suggestion of the individual rights of man in it? But Judge Douglas is especially horrified at the thought of the mixing blood by the white and black races: agreed for once a thousand times agreed. There are white men enough to marry all the white women, and black men enough to marry all the black women; and so let them be married. On this point we fully agree with the Judge; and when he shall show that his policy is better adapted to prevent amalgamation than ours we shall drop ours, and adopt his. Let us see. In 1850 there were in the United States, 405,751, mulattoes. Very few of these are the offspring of whites and free blacks; nearly all have sprung from black slaves and white masters. A separation of the races is the only perfect preventive of amalgamation but as all immediate separation is impossible the next best thing is to keep them apart where they are not already together. If white and black people never get together in Kansas, they will never mix blood in Kansas. That is at least one self-evident truth. A few free colored persons may get into the free States, in any event; but their number is too insignificant to amount to much in the way of mixing blood. In 1850 there were in the free states, 56,649 mulattoes; but for the most part they were not born there they came from the slave States, ready made up. In the same year the slave States had 348,874 mulattoes all of home production. The proportion of free mulattoes to free blacks the only colored classes in the free states is much greater in the slave than in the free states. It is worthy of note too, that among the free states those which make the colored man the nearest to equal the white, have, proportionally the fewest mulattoes the least of amalgamation. In New Hampshire, the State which goes farthest towards equality between the races, there are just 184 Mulattoes while there are in Virginia how many do you think? 79,775, being 23,126 more than in all the free States together. These statistics show that slavery is the greatest source of amalgamation; and next to it, not the elevation, but the degeneration of the free blacks. Yet Judge Douglas dreads the slightest restraints on the spread of slavery, and the slightest human recognition of the negro, as tending horribly to amalgamation.

6 This very Dred Scott case affords a strong test as to which party most favors amalgamation, the Republicans or the dear union-saving Democracy. Dred Scott, his wife and two daughters were all involved in the suit. We desired the court to have held that they were citizens so far at least as to entitle them to a hearing as to whether they were free or not; and then, also, that they were in fact and in law really free. Could we have had our way, the chances of these black girls, ever mixing their blood with that of white people, would have been diminished at least to the extent that it could not have been without their consent. But Judge Douglas is delighted to have them decided to be slaves, and not human enough to have a hearing, even if they were free, and thus left subject to the forced concubinage of their masters, and liable to become the mothers of mulattoes in spite of themselves the very state of case that produces nine tenths of all the mulattoes all the mixing of blood in the nation. Of course, I state this case as an illustration only, not meaning to say or intimate that the master of Dred Scott and his family, or any more than a per centage of masters generally, are inclined to exercise this particular power which they hold over their female slaves. I have said that the separation of the races is the only perfect preventive of amalgamation. I have no right to say all the members of the Republican party are in favor of this, nor to say that as a party they are in favor of it. There is nothing in their platform directly on the subject. But I can say a very large proportion of its members are for it, and that the chief plank in their platform opposition to the spread of slavery is most favorable to that separation. Such separation, if ever effected at all, must be effected by colonization; and no political party, as such, is now doing anything directly for colonization. Party operations at present only favor or retard colonization incidentally. The enterprise is a difficult one; but "when there is a will there is a way;" and what colonization needs most is a hearty will. Will springs from the two elements of moral sense and self-interest. Let us be brought to believe it is morally right, and, at the same time, favorable to, or, at least, not against, our interest, to transfer the African to his native clime, and we shall find a way to do it, however great the task may be. The children of Israel, to such numbers as to include four hundred thousand fighting men, went out of Egyptian bondage in a body. How differently the respective courses of the Democratic and Republican parties incidentally bear on the question of forming a will a public sentiment for colonization, is easy to see. The Republicans inculcate, with whatever of ability they can, that the negro is a man; that his bondage is cruelly wrong, and that the field of his oppression ought not to be enlarged. The Democrats deny his manhood; deny, or dwarf to insignificance, the wrong of his bondage; so far as possible, crush all sympathy for him, and cultivate and excite hatred and disgust against him; compliment themselves as Union-savers for doing so; and call the indefinite outspreading of his bondage "a sacred right of self-government." The plainest print cannot be read through a gold eagle; and it will be ever hard to find many men who will send a slave to Liberia, and pay his passage while they can send him to a new country, Kansas for instance, and sell him for fifteen hundred dollars, and the rise. Document 3 Lincoln s House Divided Speech On June 16, 1858, more than 1,000 Republican delegates met in the Springfield, Illinois, statehouse for the Republican State Convention. At 5:00 p.m. they chose Abraham Lincoln as their candidate for the U.S. Senate, running against Democrat Stephen A. Douglas. At 8:00 p.m. Lincoln delivered this address to his Republican colleagues in the Hall of Representatives. The title reflects part of the speech's introduction, "A house divided against itself cannot stand," a concept familiar to Lincoln's audience as a statement by Jesus recorded in all three synoptic gospels (Matthew, Mark, Luke).

7 Even Lincoln's friends believed the speech was too radical for the occasion. His law partner, William H. Herndon, believed Lincoln was morally courageous but politically incorrect. Lincoln read the speech to him before delivering it, referring to the "house divided" language this way: "The proposition is indisputably true... and I will deliver it as written. I want to use some universally known figure, expressed in simple language as universally known, that it may strike home to the minds of men in order to rouse them to the peril of the times." Reflecting on it several years later, Herndon said, "Through logic inductively seen, Lincoln as a statesman, and political philosopher, announced an eternal truth -- not only as broad as America, but covers the world." Another lawyer, Leonard Swett, said the speech defeated Lincoln in the Senate campaign. In 1866 he wrote to Herndon complaining, "Nothing could have been more unfortunate or inappropriate; it was saying first the wrong thing, yet he saw it was an abstract truth, but standing by the speech would ultimately find him in the right place." Standing out as one of Lincoln s most famous speeches, Lincoln delivers a look into the future of the United States. This speech gives us insight into Lincoln s decision to fight to preserve the union rather than allowing the South to secede without consequences. Lincoln also further explains his views on the Dred Scott Decision. Springfield, Illinois, June 16, 1858 MR. PRESIDENT AND GENTLEMEN OF THE CONVENTION: If we could first know where we are, and whither we are tending, we could better judge what to do, and how to do it. We are now far into the fifth year since a policy was initiated with the avowed object, and confident promise, of putting an end to slavery agitation. Under the operation of that policy, that agitation has not only not ceased, but has constantly augmented. In my opinion, it will not cease, until a crisis shall have been reached and passed. "A house divided against itself cannot stand." I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved -- I do not expect the house to fall -- but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become alike lawful in all the States, old as well as new -- North as well as South. Have we no tendency to the latter condition? Let any one who doubts, carefully contemplate that now almost complete legal combination -- piece of machinery, so to speak -- compounded of the Nebraska doctrine, and the Dred Scott decision. Let him consider not only what work the machinery is adapted to do, and how well adapted; but also, let him study the history of its construction, and trace, if he can, or rather fail, if he can, to trace the evidences of design, and concert of action, among its chief architects, from the beginning. The new year of 1854 found slavery excluded from more than half the States by State Constitutions, and from most of the national territory by Congressional prohibition. Four days later, commenced the struggle which ended in repealing that Congressional prohibition. This opened all the national territory to slavery, and was the first point gained. But, so far, Congress only had acted; and an indorsement by the people, real or apparent, was indispensable, to save the point already gained, and give chance for more. This necessity had not been overlooked; but had been provided for, as well as might be, in the notable argument of "squatter sovereignty," otherwise called "sacred right of self-government," which latter phrase, though expressive of the only rightful basis of any government, was so perverted in this attempted

8 use of it as to amount to just this: That if any one man choose to enslave another, no third man shall be allowed to object. That argument was incorporated into the Nebraska bill itself, in the language which follows: "It being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom; but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States." Then opened the roar of loose declamation in favor of "Squatter Sovereignty," and "sacred right of self-government." "But," said opposition members, "let us amend the bill so as to expressly declare that the people of the Territory may exclude slavery." "Not we," said the friends of the measure; and down they voted the amendment. While the Nebraska bill was passing through Congress, a law case involving the question of a negro's freedom, by reason of his owner having voluntarily taken him first into a free State and then into a Territory covered by the Congressional prohibition, and held him as a slave for a long time in each, was passing through the U. S. Circuit Court for the District of Missouri; and both Nebraska bill and law suit were brought to a decision in the same month of May, The negro's name was "Dred Scott," which name now designates the decision finally made in the case. Before the then next Presidential election, the law case came to, and was argued in, the Supreme Court of the United States; but the decision of it was deferred until after the election. Still, before the election, Senator Trumbull, on the floor of the Senate, requested the leading advocate of the Nebraska bill to state his opinion whether the people of a Territory can constitutionally exclude slavery from their limits; and the latter answers: "That is a question for the Supreme Court." The election came. Mr. Buchanan was elected, and the indorsement, such as it was, secured. That was the second point gained. The indorsement, however, fell short of a clear popular majority by nearly four hundred thousand votes, and so, perhaps, was not overwhelmingly reliable and satisfactory. The outgoing President, in his last annual message, as impressively as possible echoed back upon the people the weight and authority of the endorsement. The Supreme Court met again; did not announce their decision, but ordered a re-argument. The Presidential inauguration came, and still no decision of the court; but the incoming President in his inaugural address, fervently exhorted the people to abide by the forthcoming decision, whatever it might be. Then, in a few days, came the decision. The reputed author of the Nebraska bill finds an early occasion to make a speech at this capital indorsing the Dred Scott decision, and vehemently denouncing all opposition to it. The new President, too, seizes the early occasion of the Silliman letter to indorse and strongly construe that decision, and to express his astonishment that any different view had ever been entertained! At length a squabble springs up between the President and the author of the Nebraska bill, on the mere question of fact, whether the Lecompton Constitution was or was not, in any just sense, made by the people of Kansas; and in that quarrel the latter declares that all he wants is a fair vote for the people, and that he cares not whether slavery be voted down or voted up. I do not understand his declaration that he cares not whether slavery be voted down or voted up, to be intended by him other than as an apt definition of the policy he would impress upon the public mind -- the principle for which he declares he has suffered so much, and is ready to suffer to the end. And well may he cling to that principle. If he has any parental feeling, well may he cling to it. That principle is the only shred left of his original Nebraska doctrine. Under the Dred Scott decision "squatter sovereignty" squatted out of existence, tumbled down like temporary scaffolding -- like the mould at the foundry served through one blast and fell back into loose sand -- helped to carry an election, and then was kicked to the winds. His late joint struggle with the Republicans, against the Lecompton Constitution, involves nothing of the original Nebraska doctrine. That struggle was made on a point -- the right of a people to make their own constitution -- upon which he and the Republicans have never differed. The several points of the Dred Scott decision, in connection, with Senator Douglas's "care not" policy, constitute the piece of machinery, in its present state of advancement. This was the third point gained. The working points of that machinery are: First, That no negro slave, imported as such from Africa, and no descendant of such slave, can ever be a citizen of any State, in the sense of that term as used in the Constitution of the United States. This point is

9 made in order to deprive the negro, in every possible event, of the benefit of that provision of the United States Constitution, which declares that "The citizens of each State, shall be entitled to all privileges and immunities of citizens in the several States." Secondly, That "subject to the Constitution of the United States," neither Congress nor a Territorial Legislature can exclude slavery from any United States territory. This point is made in order that individual men may fill up the Territories with slaves, without danger of losing them as property, and thus to enhance the chances of permanency to the institution through all the future. Thirdly, That whether the holding a negro in actual slavery in a free State, makes him free, as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave State the negro may be forced into by the master. This point is made, not to be pressed immediately; but, if acquiesced in for awhile, and apparently indorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott, in the free State of Illinois, every other master may lawfully do with any other one, or one thousand slaves, in Illinois, or in any other free State. Auxiliary to all this, and working hand in hand with it, the Nebraska doctrine, or what is left of it, is to educate and mould public opinion, at least Northern public opinion, not to care whether slavery is voted down or voted up. This shows exactly where we now are; and partially, also, whither we are tending. It will throw additional light on the latter, to go back, and run the mind over the string of historical facts already stated. Several things will now appear less dark and mysterious than they did when they were transpiring. The people were to be left "perfectly free," "subject only to the Constitution." What the Constitution had to do with it, outsiders could not then see. Plainly enough now, it was an exactly fitted niche, for the Dred Scott decision to afterward come in, and declare the perfect freedom of the people to be just no freedom at all. Why was the amendment, expressly declaring the right of the people, voted down? Plainly enough now: the adoption of it would have spoiled the niche for the Dred Scott decision. Why was the court decision held up? Why even a Senator's individual opinion withheld, till after the Presidential election? Plainly enough now: the speaking out then would have damaged the perfectly free argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a reargument? Why the incoming President's advance exhortation in favor of the decision? These things look like the cautious patting and petting of a spirited horse preparatory to mounting him, when it is dreaded that he may give the rider a fall. And why the hasty after-indorsement of the decision by the President and others? We cannot absolutely know that all these exact adaptations are the result of preconcert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen -- Stephen, Franklin, Roger and James, for instance -- and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortices exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few -- not omitting even scaffolding -- or, if a single piece be lacking, we see the place in the frame exactly fitted and prepared yet to bring such a piece in -- in such a case, we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first blow was struck. It should not be overlooked that, by the Nebraska bill, the people of a State as well as Territory, were to be left "perfectly free," "subject only to the Constitution." Why mention a State? They were legislating for Territories, and not for or about States. Certainly the people of a State are and ought to be subject to the Constitution of the United States; but why is mention of this lugged into this merely Territorial law? Why are the people of a Territory and the people of a State therein lumped together, and their relation to the Constitution therein treated as being precisely the same? While the opinion of the court, by Chief Justice Taney, in the Dred Scott case, and the separate opinions of all the concurring Judges, expressly declare that the Constitution of the United States neither permits Congress nor a Territorial Legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it. Possibly, this is a mere omission; but who can be

10 quite sure, if McLean or Curtis had sought to get into the opinion a declaration of unlimited power in the people of a State to exclude slavery from their limits, just as Chase and Mace sought to get such declaration, in behalf of the people of a Territory, into the Nebraska bill; -- I ask, who can be quite sure that it would not have been voted down in the one case as it had been in the other? The nearest approach to the point of declaring the power of a State over slavery, is made by Judge Nelson. He approaches it more than once, using the precise idea, and almost the language, too, of the Nebraska act. On one occasion, his exact language is, "except in cases where the power is restrained by the Constitution of the United States, the law of the State is supreme over the subject of slavery within its jurisdiction." In what cases the power of the States is so restrained by the United States Constitution, is left an open question, precisely as the same question, as to the restraint on the power of the Territories, was left open in the Nebraska act. Put this and that together, and we have another nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a State to exclude slavery from its limits. And this may especially be expected if the doctrine of "care not whether slavery be voted down or voted up," shall gain upon the public mind sufficiently to give promise that such a decision can be maintained when made. Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome, or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown. We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free, and we shall awake to the reality instead, that the Supreme Court has made Illinois a slave State. To meet and overthrow the power of that dynasty, is the work now before all those who would prevent that consummation. That is what we have to do. How can we best do it? There are those who denounce us openly to their own friends, and yet whisper us softly, that Senator Douglas is the aptest instrument there is with which to effect that object. They wish us to infer all, from the fact that he now has a little quarrel with the present head of the dynasty; and that he has regularly voted with us on a single point, upon which he and we have never differed. They remind us that he is a great man, and that the largest of us are very small ones. Let this be granted. But "a living dog is better than a dead lion." Judge Douglas, if not a dead lion, for this work, is at least a caged and toothless one. How can he oppose the advances of slavery? He don't care anything about it. His avowed mission is impressing the "public heart" to care nothing about it. A leading Douglas democratic newspaper thinks Douglas's superior talent will be needed to resist the revival of the African slave trade. Does Douglas believe an effort to revive that trade is approaching? He has not said so. Does he really think so? But if it is, how can he resist it? For years he has labored to prove it a sacred right of white men to take negro slaves into the new Territories. Can he possibly show that it is less a sacred right to buy them where they can be bought cheapest? And unquestionably they can be bought cheaper in Africa than in Virginia. He has done all in his power to reduce the whole question of slavery to one of a mere right of property; and as such, how can he oppose the foreign slave trade -- how can he refuse that trade in that "property" shall be "perfectly free" -- unless he does it as a protection to the home production? And as the home producers will probably not ask the protection, he will be wholly without a ground of opposition. Senator Douglas holds, we know, that a man may rightfully be wiser to-day than he was yesterday -- that he may rightfully change when he finds himself wrong. But can we, for that reason, run ahead, and infer that he will make any particular change, of which he, himself, has given no intimation? Can we safely base our action upon any such vague inference? Now, as ever, I wish not to misrepresent Judge Douglas's position, question his motives, or do aught that can be personally offensive to him. Whenever, if ever, he and we can come together on principle so that our cause may have assistance from his great ability, I hope to have interposed no adventitious obstacle. But clearly, he is not now with us -- he does not pretend to be -- he does not promise ever to be. Our cause, then, must be intrusted to, and conducted by, its own undoubted friends -- those whose hands are free, whose hearts are in the work -- who do care for the result. Two years ago the Republicans of the nation mustered over thirteen hundred thousand strong. We did this under the single impulse of resistance to a common danger, with every external circumstance against us. Of strange, discordant, and even hostile elements, we gathered from the four winds, and formed and fought the battle through, under the constant hot fire of a disciplined, proud and pampered enemy. Did we brave all then, to falter now? --now, when that same enemy is wavering, dissevered and belligerent? The result is not doubtful. We shall not fail -- if

11 we stand firm, we shall not fail. Wise counsels may accelerate, or mistakes delay it, but, sooner or later, the victory is sure to come. Document 4 Republican Platform, 1860 Date:1860 Annotation: During the presidential election of 1860, the Republican Party promised to prohibit slavery. They also proposed free-homestead legislation, the establishment of a daily mail service, a transcontinental railroad, and support of the protective tariff. Three candidates opposed Lincoln: Stephen Douglas representing the Northern faction of the Democratic Party; John C. Breckenridge representing the Southern faction; and John Bell, representing the Constitutional Union Party. Lincoln won the election with 39 percent of the popular vote. He also received a half a million more votes than his closest rival, Stephen Douglas. Barely a month after Lincoln was inaugurated, the Civil War began. Document: The Republican Party Platform of 1860 Chicago, Illinois, May 16, 1860 Resolved, that we, the delegated representatives of the Republican electors of the United States, in Convention assembled, in discharge of the duty we owe to our constituents and our country, unite in the following declarations: 1. That the history of the nation, during the last four years, has fully established the proprietary and necessity of the organization and perpetuation of the Republican Party, and that the causes which called it into existence are permanent in their nature, and now, more than ever before, demand its peaceful and constitutional triumph. 2. That the maintenance of the principles promulgated in the Declaration of Independence and embodied in the Federal Constitution, "That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed." is essential to the preservation of our Republican institutions; and that the Federal Constitution, the Rights of the States, and the Union of the States, must and shall be preserved. 3. That to the Union of the States this nation owes its unprecedented increase in population, its surprising development of material resources, its rapid augmentation of wealth, its happiness at home and its honor abroad; and we hold in abhorrence all schemes for Disunion, come from whatever source they may; And we congratulate the country that no Republican member of Congress has uttered or countenanced the threats of Disunion so often made by Democratic members, without rebuke and with applause from their political associates; and we denounce those threats of Disunion, in case of a popular overthrow of their ascendancy, as denying the vital principles of a free government, and as an avowal of contemplated treason, which it is the imperative duty of an indignant People sternly to rebuke and forever silence. 4. 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 powers on which the perfection and endurance of our political fabric depends; 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. 5. That the present Democratic Administration has far exceeded our worst apprehensions, in its measureless subserviency to the exactions of a sectional interest, as especially evidenced

12 in its desperate exertions to force the infamous Lecompton constitution upon the protesting people of Kansas; in construing the personal relation between master and servant to involve an unqualified property in persons; in its attempted enforcement, everywhere, on land and sea, through the intervention of Congress and of the Federal Courts of the extreme pretensions of a purely local interest; and in its general and unvarying abuse of the power entrusted to it by a confiding people That the new dogma that the Constitution, of its own force, carries Slavery into any or all of the Territories of the United States, is a dangerous political heresy, at variance with the explicit provisions of that instrument itself, with contemporaneous exposition, and with legislative and judicial precedent; is revolutionary in its tendency, and subversive of the peace and harmony of the country. 8. That the normal condition of all the territory of the United States is that of freedom; That as our Republican fathers, when they had abolished slavery in all our national territory, ordained that "no person should be deprived of life, liberty, or property, without due process of law," it becomes our duty, by legislation, whenever such legislation is necessary, to maintain this provision of the Constitution against all attempts to violate it; and we deny the authority of Congress, of a territorial legislature, or of any individuals, to give legal existence to Slavery in any Territory of the United States. 9. That we brand the recent re-opening of the African slave- trade, under the cover of our national flag, aided by perversions of judicial power, as a crime against humanity and a burning shame to our country and age; and we call upon Congress to take prompt and efficient measures for the total and final suppression of that execrable traffic. 10. That in the recent vetoes, by their Federal Governors, of the acts of the Legislatures of Kansas and Nebraska, prohibiting Slavery in those Territories, we find a practical illustration of the boasted Democratic principle of Non-Intervention and Popular Sovereignty embodied in the Kansas-Nebraska bill, and a demonstration of the deception and fraud involved therein. 11. That Kansas should, of right, be immediately admitted as a State under the Constitution recently formed and adopted by her people, and accepted by the House of Representatives. 12. That, while providing revenue for the support of the General Government by duties upon imports, sound policy requires such an adjustment of these imposts as to encourage the development of the industrial interests of the whole country; and we commend that policy of national exchanges which secures to the working men liberal wages, to agriculture remunerating prices, to mechanics and manufacturers an adequate reward for their skill, labor and enterprise, and to the nation commercial prosperity and independence. 13. That we protest against any sale or alienation to others of the Public Lands held by actual settlers and against any view of the Homestead policy which regards the settlers as paupers or supplicants for public bounty; and we demand the passage by Congress of the complete and satisfactory Homestead measure which has already passed the house. 14. That the Republican Party is opposed to any change in our Naturalization Laws or any State legislation by which the rights of our citizenship hitherto accorded to immigrants from foreign lands shall be abridged or impaired; and in favor of giving a full and efficient protection to the rights of all classes of citizens, whether native or naturalized, both at home and abroad. 15. That appropriations by Congress for River and Harbor improvements of a National character, required for the accommodation and security of an existing commerce, are authorized by the Constitution, and justified by the obligations of Government to protect the lives and property of its citizens.

13 16. That a Railroad to the Pacific Ocean is imperatively demanded by the interests of the whole country; that the Federal Government ought to render immediate and efficient aid in its construction; and that, as preliminary thereto, a daily Overland Mail should be promptly established.... Document 5 Democratic Platform, 1860 (Breckinridge faction) Date:1860 Annotation: John C. Breckinridge served as President Buchanan s vice president. Later, he became the presidential candidate in the 1860 election, after the Democratic Party split into three factions. He represented the Southern faction in support of slavery. According to Breckinridge, the federal or local governments lacked the power to restrict slavery in any of the territories. He believed in secession as a right; however, at the time of the election, he disapproved of states exercising that right. Document: Democratic Platform of 1860 (Breckinridge Faction) June, 1860 Richmond, Virginia Resolved, that the platform adopted by the Democratic Party at Cincinnati be affirmed, with the following explanatory resolutions: 1. That the Government of a Territory organized by an act of Congress is provisional and temporary, and during its existence all citizens of the United States have an equal right to settle with their property in the Territory, without their rights, either of person or property, being destroyed or impaired by Congressional or Territorial legislation. 2. That it is the duty of the Federal Government, in all its departments, to protect, when necessary, the rights of persons and property in the Territories, and wherever else its constitutional authority extends. 3. That when the settlers in a Territory, having an adequate population, form a State Constitution, the right of sovereignty commences, and being consummated by admission into the Union, they stand on an equal footing with the people of other States, and the State thus organized ought to be admitted into the Federal Union, whether its constitution prohibits or recognizes the institution of slavery. Resolved, That the Democratic party are in favor of the acquisition of the Island of Cuba, on such terms as shall be honorable to ourselves and just to Spain, at the earliest practicable moment. Resolved, That the enactments of State Legislatures to defeat the faithful execution of the Fugitive Slave Law are hostile in character, subversive of the Constitution, and revolutionary in their effect. Resolved, That the Democracy of the United States recognize it as the imperative duty of this Government to protect the naturalized citizen in all his rights, whether at home or in foreign lands, to the same extent as its native-born citizens.

14 Whereas, one of the greatest necessities of the age, in a political, commercial, postal and military point of view, is speedy communication between the Atlantic and Pacific coasts. Therefore be it Resolved, that the National Democratic party do hereby pledge themselves to use every means in their power to secure the passage of some bill, to the extent of the constitutional authority of Congress, for the construction of a Pacific Railroad from the Mississippi River to the Pacific Ocean, at the earliest practicable moment. Document 6 Democratic Platform, 1860 (Douglas faction) Date:1860 Annotation: The slavery dispute dominated the election of The emphasis placed on the Dred Scott decision (that Scott remain a slave) splintered the Democratic Party into three factions: Most Northern Democrats supported Stephen A. Douglas; Southern delegates adopted a pro-slavery stance and nominated John C. Breckinridge; more moderate Southerners nominated John Bell, who called for preserving the Union. The party divisions gave Abraham Lincoln s Republican Party a significant advantage. Lincoln won the presidential race and vowed to keep slavery out of the territories. While Lincoln was considered an anti-slavery president, he was not an abolitionist. The secession of Southern states sealed the fate of the Union, as Lincoln failed to rally national consensus to settle the dispute over the future of slavery. Document: Democratic Platform of 1860 (Douglas faction) June 18, 1860 Baltimore, Maryland 1. Resolved, That we, the Democracy of the Union in Convention assembled, hereby declare our affirmance of the resolutions unanimously adopted and declared as a platform of principles by the Democratic convention at Cincinnati, in the year 1856, believing that Democratic principles are unchangeable in their nature, when applied to the same subject matters; and we recommend, as the only further resolutions, the following: 2. Inasmuch as difference of opinion exists in the Democratic Party as to the nature and extent of the powers of a Territorial Legislature, and as to the powers and duties of Congress, under the Constitution of the United States, over the institution of slavery within the Territories, Resolved, That the Democratic party will abide by the decision of the Supreme Court of the United States upon these questions of Constitutional law. 3. Resolved, That it is the duty of the United States to afford ample and complete protection to all its citizens, whether at home or abroad, and whether native or foreign born. 4. Resolved, That one of the necessities of the age, in a military, commercial, and postal point of view, is speedy communication between the Atlantic and Pacific States; and the Democratic party pledge such Constitutional Government aid as will insure the construction of a Railroad to the Pacific coast, at the earliest practicable period. 5. Resolved That the Democratic Party are in favor of the acquisition of the Island of Cuba on such terms as shall be honorable to ourselves and just to Spain.

15 6. Resolved, that the enactments of the State Legislatures to defeat the faithful execution of the Fugitive Slave Law, are hostile in character, subversive of the Constitution, and revolutionary in their effect. 7. Resolved, That it is in accordance with the interpretation of the Cincinnati platform, that during the existence of the Territorial Governments the measure of restriction, whatever it may be, imposed by the Federal Constitution on the power of the Territorial Legislature over the subject of the domestic relations, as the same has been, or shall hereafter be finally determined by the Supreme Court of the United States, should be respected by all good citizens, and enforced with promptness and fidelity by every branch of the general government. Document 7 Declaration of Causes of Seceding States - South Carolina Date:1860 Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union The people of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights of the States, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other slaveholding States, she forbore at that time to exercise this right. Since that time, these encroachments have continued to increase, and further forbearance ceases to be a virtue. And now the State of South Carolina having resumed her separate and equal place among nations, deems it due to herself, to the remaining United States of America, and to the nations of the world, that she should declare the immediate causes which have led to this act. In the year 1765, that portion of the British Empire embracing Great Britain, undertook to make laws for the government of that portion composed of the thirteen American Colonies. A struggle for the right of self-government ensued, which resulted, on the 4th of July, 1776, in a Declaration, by the Colonies, "that they are, and of right ought to be, FREE AND INDEPENDENT STATES; and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do." They further solemnly declared that whenever any "form of government becomes destructive of the ends for which it was established, it is the right of the people to alter or abolish it, and to institute a new government." Deeming the Government of Great Britain to have become destructive of these ends, they declared that the Colonies "are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved." In pursuance of this Declaration of Independence, each of the thirteen States proceeded to exercise its separate sovereignty; adopted for itself a Constitution, and appointed officers for the administration of government in all its departments-- Legislative, Executive and Judicial. For purposes of defense, they united their arms and their counsels; and, in 1778, they entered into a League known as the Articles of Confederation, whereby they agreed to entrust the administration of their external relations to a common agent, known as the Congress of the United States, expressly declaring, in the first Article "that each State retains its sovereignty,

16 freedom and independence, and every power, jurisdiction and right which is not, by this Confederation, expressly delegated to the United States in Congress assembled." Under this Confederation the war of the Revolution was carried on, and on the 3rd of September, 1783, the contest ended, and a definite Treaty was signed by Great Britain, in which she acknowledged the independence of the Colonies in the following terms: "ARTICLE 1- - His Britannic Majesty acknowledges the said United States, viz: New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be FREE, SOVEREIGN AND INDEPENDENT STATES; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same and every part thereof." Thus were established the two great principles asserted by the Colonies, namely: the right of a State to govern itself; and the right of a people to abolish a Government when it becomes destructive of the ends for which it was instituted. And concurrent with the establishment of these principles, was the fact, that each Colony became and was recognized by the mother Country a FREE, SOVEREIGN AND INDEPENDENT STATE. In 1787, Deputies were appointed by the States to revise the Articles of Confederation, and on 17th September, 1787, these Deputies recommended for the adoption of the States, the Articles of Union, known as the Constitution of the United States. The parties to whom this Constitution was submitted, were the several sovereign States; they were to agree or disagree, and when nine of them agreed the compact was to take effect among those concurring; and the General Government, as the common agent, was then invested with their authority. If only nine of the thirteen States had concurred, the other four would have remained as they then were-- separate, sovereign States, independent of any of the provisions of the Constitution. In fact, two of the States did not accede to the Constitution until long after it had gone into operation among the other eleven; and during that interval, they each exercised the functions of an independent nation. By this Constitution, certain duties were imposed upon the several States, and the exercise of certain of their powers was restrained, which necessarily implied their continued existence as sovereign States. But to remove all doubt, an amendment was added, which declared that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people. On the 23d May, 1788, South Carolina, by a Convention of her People, passed an Ordinance assenting to this Constitution, and afterwards altered her own Constitution, to conform herself to the obligations she had undertaken. Thus was established, by compact between the States, a Government with definite objects and powers, limited to the express words of the grant. This limitation left the whole remaining mass of power subject to the clause reserving it to the States or to the people, and rendered unnecessary any specification of reserved rights. We hold that the Government thus established is subject to the two great principles asserted in the Declaration of Independence; and we hold further, that the mode of its formation subjects it to a third fundamental principle, namely: the law of compact. We maintain that in every compact between two or more parties, the obligation is mutual; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other; and that where no arbiter is provided, each party is remitted to his own judgment to determine the fact of failure, with all its consequences.

17 In the present case, that fact is established with certainty. We assert that fourteen of the States have deliberately refused, for years past, to fulfill their constitutional obligations, and we refer to their own Statutes for the proof. The Constitution of the United States, in its fourth Article, provides as follows: "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." This stipulation was so material to the compact, that without it that compact would not have been made. The greater number of the contracting parties held slaves, and they had previously evinced their estimate of the value of such a stipulation by making it a condition in the Ordinance for the government of the territory ceded by Virginia, which now composes the States north of the Ohio River. The same article of the Constitution stipulates also for rendition by the several States of fugitives from justice from the other States. The General Government, as the common agent, passed laws to carry into effect these stipulations of the States. For many years these laws were executed. But an increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them. In many of these States the fugitive is discharged from service or labor claimed, and in none of them has the State Government complied with the stipulation made in the Constitution. The State of New Jersey, at an early day, passed a law in conformity with her constitutional obligation; but the current of anti-slavery feeling has led her more recently to enact laws which render inoperative the remedies provided by her own law and by the laws of Congress. In the State of New York even the right of transit for a slave has been denied by her tribunals; and the States of Ohio and Iowa have refused to surrender to justice fugitives charged with murder, and with inciting servile insurrection in the State of Virginia. Thus the constituted compact has been deliberately broken and disregarded by the non-slaveholding States, and the consequence follows that South Carolina is released from her obligation. The ends for which the Constitution was framed are declared by itself to be "to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." These ends it endeavored to accomplish by a Federal Government, in which each State was recognized as an equal, and had separate control over its own institutions. The right of property in slaves was recognized by giving to free persons distinct political rights, by giving them the right to represent, and burthening them with direct taxes for three-fifths of their slaves; by authorizing the importation of slaves for twenty years; and by stipulating for the rendition of fugitives from labor. We affirm that these ends for which this Government was instituted have been defeated, and the Government itself has been made destructive of them by the action of the nonslaveholding States. Those States have assume the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in fifteen of the States and recognized by the Constitution; they have denounced as sinful the institution of slavery; they have permitted open establishment among them of societies, whose avowed object is to disturb the peace and to eloign the property of the citizens of other States. They

18 have encouraged and assisted thousands of our slaves to leave their homes; and those who remain, have been incited by emissaries, books and pictures to servile insurrection. For twenty-five years this agitation has been steadily increasing, until it has now secured to its aid the power of the common Government. Observing the *forms* [emphasis in the original] of the Constitution, a sectional party has found within that Article establishing the Executive Department, the means of subverting the Constitution itself. A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high office of President of the United States, whose opinions and purposes are hostile to slavery. He is to be entrusted with the administration of the common Government, because he has declared that that "Government cannot endure permanently half slave, half free," and that the public mind must rest in the belief that slavery is in the course of ultimate extinction. This sectional combination for the submersion of the Constitution, has been aided in some of the States by elevating to citizenship, persons who, by the supreme law of the land, are incapable of becoming citizens; and their votes have been used to inaugurate a new policy, hostile to the South, and destructive of its beliefs and safety. On the 4th day of March next, this party will take possession of the Government. It has announced that the South shall be excluded from the common territory, that the judicial tribunals shall be made sectional, and that a war must be waged against slavery until it shall cease throughout the United States. The guaranties of the Constitution will then no longer exist; the equal rights of the States will be lost. The slaveholding States will no longer have the power of self-government, or selfprotection, and the Federal Government will have become their enemy. Sectional interest and animosity will deepen the irritation, and all hope of remedy is rendered vain, by the fact that public opinion at the North has invested a great political error with the sanction of more erroneous religious belief. We, therefore, the People of South Carolina, by our delegates in Convention assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, have solemnly declared that the Union heretofore existing between this State and the other States of North America, is dissolved, and that the State of South Carolina has resumed her position among the nations of the world, as a separate and independent State; with full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. Adopted December 24, 1860 Document 8 Lincoln s First Inaugural Address, March 4, 1861 Fellow citizens of the United States: In compliance with a custom as old as the government itself, I appear before you to address you briefly, and to take, in your presence, the oath prescribed by the Constitution of the United States, to be taken by the President "before he enters on the execution of his office."

19 do not consider it necessary, at present, for me to discuss those matters of administration about which there is no special anxiety, or excitement. Apprehension seems to exist among the people of the Southern States, that by the accession of a Republican Administration, their property, and their peace, and personal security, are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed, and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. 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? There is some difference of opinion whether this clause should be enforced by national or by state authority; but surely that difference is not a very material one. if the slave is to be surrendered, it can be of but little consequence to him, or to others, by which authority it is done. And should any one, in any case, be content that his oath shall go unkept, on a merely unsubstantial controversy as to how it shall be kept? Again, in any law upon this subject, ought not all the safeguards of liberty known in civilized and human jurisprudence to be introduced, so that a free man be not, in any case, surrendered as a slave? And might it not be well, at the same time, to provide by law for the enforcement of that clause in the Constitution which guarranties that "The citizens of each State shall be entitled to all previleges and immunities of citizens in the several States?" I take

20 the official oath to-day, with no mental reservations, and with no purpose to construe the Constitution or laws, by any hypercritical rules. And while I do not choose now to specify particular acts of Congress as proper to be enforced, I do suggest, that it will be much safer for all, both in official and private stations, to conform to, and abide by, all those acts which stand unrepealed, than to violate any of them, trusting to find impunity in having them held to be unconstitutional. It is seventy-two years since the first inauguration of a President under our national Constitution. During that period fifteen different and greatly distinguished citizens, have, in succession, administered the executive branch of the government. They have conducted it through many perils; and, generally, with great success. Yet, with all this scope for precedent, I now enter upon the same task for the brief constitutional term of four years, under great and peculiar difficulty. A disruption of the Federal Union heretofore only menaced, is now formidably attempted. I hold, that in contemplation of universal law, and of the Constitution, the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper, ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our national Constitution, and the Union will endure forever -- it being impossible to destroy it, except by some action not provided for in the instrument itself. Again, if the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade, by less than all the parties who made it? One party to a contract may violate it -- break it, so to speak; but does it not require all to lawfully rescind it? Descending from these general principles, we find the proposition that, in legal contemplation, the Union is perpetual, confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed in fact, by the Articles of Association in It was matured and continued by the Declaration of Independence in It was further matured and the faith of the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution, was "to form a more perfect union." But if destruction of the Union, by one, or by a part only, of the States, be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity. 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. I therefore consider that, in view of the Constitution and the laws, the Union is unbroken; and, to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part; and I shall perform it, so far as practicable, unless my rightful masters, the American people, shall withhold the requisite means, or, in some authoritative manner, direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend, and maintain itself. In doing this there needs to be no bloodshed or violence; and there shall be none, unless it be forced upon the national authority. The power confided in me, will be used to hold, occupy, and possess the property, and places belonging to the government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion -- no using of force against, or among the people anywhere. Where hostility to the United States, in any interior locality, shall be so great and so universal, as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist in the government to enforce the exercise of these offices, the attempt to do so would be so irritating, and so nearly

21 impracticable with all, that I deem it better to forego, for the time, the uses of such offices. The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible, the people everywhere shall have that sense of perfect security which is most favorable to calm thought and reflection. The course here indicated will be followed, unless current events, and experience, shall show a modification, or change, to be proper; and in every case and exigency, my best discretion will be exercised, according to circumstances actually existing, and with a view and a hope of a peaceful solution of the national troubles, and the restoration of fraternal sympathies and affections. That there are persons in one section, or another who seek to destroy the Union at all events, and are glad of any pretext to do it, I will neither affirm or deny; but if there be such, I need address no word to them. To those, however, who really love the Union, may I not speak? Before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it? Will you hazard so desperate a step, while there is any possibility that any portion of the ills you fly from, have no real existence? Will you, while the certain ills you fly to, are greater than all the real ones you fly from? Will you risk the commission of so fearful a mistake? All profess to be content in the Union, if all constitutional rights can be maintained. Is it true, then, that any right, plainly written in the Constitution, has been denied? I think not. Happily the human mind is so constituted, that no party can reach to the audacity of doing this. Think, if you can, of a single instance in which a plainly written provision of the Constitution has ever been denied. If, by the mere force of numbers, a majority should ever deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution -- certainly would, if such a right were a vital one. But such is not our case. All the vital rights of minorities, and of individuals, are so plainly assured to them, by affirmations and negations, guarranties and prohibitions, in the Constitution, that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say. May Congress prohibit slavery in the territories? The Constitution does not expressly say. Must Congress protect slavery in the territories. The Constitution does not expressly say. From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the government must cease. There is no other alternative; for continuing the government, is acquiescence on one side or the other. If a minority, in such case, will secede rather than acquiesce, they make a precedent which, in turn, will divide and ruin them; for a minority of their own will secede from them, whenever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy, a year or two hence, arbitrarily secede again, precisely as portions of the present Union claim to secede from it. All who cherish disunion sentiments, are now being educated to the exact temper of doing this. Is there such perfect identity of interests among the States to compose a new Union, as to produce harmony only, and prevent renewed secession? Plainly, the central idea of secession, is the essence of anarchy. A majority, held in restraint by constitutional checks, and limitations, and always changing easily, with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it, does, of necessity, fly to anarchy or to despotism. Unanimity is impossible; the rule of a minority, as a permanent arrangement, is wholly inadmissable; so that, rejecting the majority principle, anarchy, or despotism in some form, is all that is left. I do not forget the position assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration, in all paralel cases, by all other departments of the government.

22 And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be over-ruled, and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time the candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal. Nor is there, in this view, any assault upon the court, or the judges. It is a duty, from which they may not shrink, to decide cases properly brought before them; and it is no fault of theirs, if others seek to turn their decisions to political purposes. 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. The fugitive slave clause of the Constitution, and the law for the suppression of the foreign slave trade, are each as well enforced, perhaps, as any law can ever be in a community where the moral sense of the people imperfectly supports the law itself. The great body of the people abide by the dry legal obligation in both cases, and a few break over in each. This, I think, cannot be perfectly cured; and it would be worse in both cases after the separation of the sections, than before. The foreign slave trade, now imperfectly suppressed, would be ultimately revived without restriction, in one section; while fugitive slaves, now only partially surrendered, would not be surrendered at all, by the other. Physically speaking, we cannot separate. We cannot remove our respective sections from each other, nor build an impassable wall between them. A husband and wife may be divorced, and go out of the presence, and beyond the reach of each other; but the different parts of our country cannot do this. They cannot but remain face to face; and intercourse, either amicable or hostile, must continue between them. Is it possible then to make that intercourse more advantageous, or more satisfactory, after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens, than laws can among friends? Suppose you go to war, you cannot fight always; and when, after much loss on both sides, and no gain on either, you cease fighting, the identical old questions, as to terms of intercourse, are again upon you. This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember, or overthrow it. I can not be ignorant of the fact that many worthy, and patriotic citizens are desirous of having the national constitution amended. While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor, rather than oppose, a fair oppertunity being afforded the people to act upon it. I will venture to add that, to me, the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take, or reject, propositions, originated by others, not especially chosen for the purpose, and which might not be precisely such, as they would wish to either accept or refuse. I understand a proposed amendment to the Constitution -- which amendment, however, I have not seen, has passed Congress, to the effect that the federal government, shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose not to speak of particular amendments, so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express, and irrevocable. The Chief Magistrate derives all his authority from the people, and they have conferred none upon him to fix terms for the separation of the States. The people themselves can do this also if they choose; but

23 the executive, as such, has nothing to do with it. His duty is to administer the present government, as it came to his hands, and to transmit it, unimpaired by him, to his successor. Why should there not be a patient confidence in the ultimate justice of the people? Is there any better, or equal hope, in the world? In our present differences, is either party without faith of being in the right? If the Almighty Ruler of nations, with his eternal truth and justice, be on your side of the North, or on yours of the South, that truth, and that justice, will surely prevail, by the judgment of this great tribunal, the American people. By the frame of the government under which we live, this same people have wisely given their public servants but little power for mischief; and have, with equal wisdom, provided for the return of that little to their own hands at very short intervals. While the people retain their virtue, and vigilence, no administration, by any extreme of wickedness or folly, can very seriously injure the government, in the short space of four years. My countrymen, one and all, think calmly and well, upon this whole subject. Nothing valuable can be lost by taking time. If there be an object to hurry any of you, in host haste, to a step which you would never take deliberately, that object will be frustrated by taking time; but no good object can be frustrated by it. Such of you as are now dissatisfied, still have the old Constitution unimpaired, and, on the sensitive point, the laws of your own framing under it; while the new administration will have no immediate power, if it would, to change either. If it were admitted that you who are dissatisfied, hold the right side in the dispute, there still is no single good reason for precipitate action. Intelligence, patriotism, Christianity, and a firm reliance on Him, who has never yet forsaken this favored land, are still competent to adjust, in the best way, all our present difficulty. In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you. You can have no conflict, without being yourselves the aggressors. You have no oath registered in Heaven to destroy the government, while I shall have the most solemn one to "preserve, protect and defend" it. I am loth to close. We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory, stretching from every battle-field, and patriot grave, to every living heart and hearthstone, all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature. Document 8 Alexander H. Stephens Cornerstone Address, March 21, 1861 Alexander H. Stephens ( ), although originally opposed to secession, was elected vice-president of the Confederacy. After the war he returned to political service in Georgia and in the House of Representatives. He was elected governor of Georgia in 1882 and died in office. We are in the midst of one of the greatest epochs in our history. The last ninety days will mark one of the most memorable eras in the history of modern civilization.... we are passing through one of the greatest revolutions in the annals of the world-seven States have, within the last three months, thrown off an old Government and formed a new. This revolution has been signally marked, up to this time, by the fact of its having been accomplished without the loss of a single drop of blood. [Applause.] This new Constitution, or form of government, constitutes the subject to which your attention will be partly invited.

24 In reference to it, I make this first general remark: It amply secures all our ancient rights, franchises, and privileges. All the great principles of Magna Chartal are retained in it. No citizen is deprived of life, liberty, or property, but by the judgment of his peers, under the laws of the land. The great principle of religious liberty, which was the honor and pride of the old Constitution, is still maintained and secured. All the essentials of the old Constitution, which have endeared it to the hearts of the American people, have been preserved and perpetuated... So, taking the whole new Constitution, I have no hesitancy in giving it as my judgment, that it is decidedly better than the old. [Applause.] Allow me briefly to allude to some of these improvements. The question of building up class interests, or fostering one branch of industry to the prejudice of another, under the exercise of the revenue power, which gave us so much trouble under the old Constitution, is put at rest forever under the new. We allow the imposition of no duty with a view of giving advantage to one class of persons, in any trade or business, over those of another. All, under our system, stand upon the same broad principles of perfect equality. Honest labor and enterprise are left free and unrestricted in whatever pursuit they may be engaged in... But not to be tedious in enumerating the numerous changes for the better, allow me to allude to one other-though last, not least: the new Constitution has put at rest forever all the agitating questions relating to our peculiar institutions-african slavery as it exists among usthe proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution. Jefferson, in his forecast, had anticipated this, as the "rock upon which the old Union would split." He was right. What was conjecture with him, is now a realized fact. But whether he fully comprehended the great truth upon which that rock stood and stands, may be doubted. The prevailing ideas entertained by him and most of the leading statesmen at the time of the formation of the old Constitution were, that the enslavement of the African was in violation of the laws of nature; that it was wrong in principle, socially, morally and politically. It was an evil they knew not well how to deal with; but the general opinion of the men of that day was, that, somehow or other, in the order of Providence, the institution would be evanescent and pass away. This idea, though not incorporated in the Constitution, was the prevailing idea at the time. The Constitution, it is true, secured every essential guarantee to the institution while it should last, and hence no argument can be justly used against the constitutional guarantees thus secured, because of the common sentiment of the day. Those ideas, however, were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the idea of a Government built upon it-when the "storm came and the wind blew, it fell." Our new Government is founded upon exactly the opposite ideas; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and moral condition. [Applause.] This, our new Government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science. It is so even amongst us. Many who hear me, perhaps, can recollect well that this truth was not generally admitted, even within their day. The errors of the past generation still clung to many as late as twenty years ago. Those at the North who still cling to these errors with a zeal above knowledge, we justly denominate fanatics. All fanaticism springs from an aberration of the mind; from a defect in reasoning. It is a species of insanity. One of the most striking characteristics of insanity, in many instances, is, forming correct conclusions from fancied or erroneous premises; so with the anti-slavery fanatics: their conclusions are right if their premises are. They assume that the negro is equal, and hence conclude that he is entitled to equal privileges and rights, with the white man... I recollect once of having heard a gentleman from one of the Northern States, of great power and ability, announce in the House of Representatives, with imposing effect, that we of the South would be compelled, ultimately, to yield upon this

25 subject of slavery; that it was as impossible to war successfully against a principle in politics, as it was in physics or mechanics. That the principle would ultimately prevail. That we, in maintaining slavery as it exists with us, were warring against a principle-a principle founded in nature, the principle of the equality of man. The reply I made to him was, that upon his own grounds we should succeed, and that he and his associates in their crusade against our institutions would ultimately fail. The truth announced, that it was as impossible to war successfully against a principle in politics as well as in physics and mechanics, I admitted, but told him it was he and those acting with him who were warring against a principle. They were attempting to make things equal which the Creator had made unequal. In the conflict thus far, success has been on our side, complete throughout the length and breadth of the Confederate States. It is upon this, as I have stated, our social fabric is firmly planted; and I cannot permit myself to doubt the ultimate success of a full recognition of this principle throughout the civilized and enlightened world. As I have stated, the truth of this principle may be slow in development, as all truths are, and ever have been, in the various branches of science. It was so with the principles announced by Galileo-it was so with Adam Smith and his principles of political economy. It was so with Harvey, and his theory of the circulation of the blood. It is stated that not a single one of the medical profession, living at the time of the announcement of the truths made by him, admitted them. Now, they are universally acknowledged. May we not therefore look with confidence to the ultimate universal acknowledgment of the truths upon which our system rests? It is the first Government ever instituted upon principles in strict conformity to nature, and the ordination of Providence, in furnishing the materials of human society. Many Governments have been founded upon the principles of certain classes; but the classes thus enslaved, were of the same race, and in violation of the laws of nature. Our system commits no such violation of nature's laws. The negro by nature, or by the curse against Canaan, [note: A reference to Genesis, 9:20-27, which was used as a justification for slavery] is fitted for that condition which he occupies in our system. The architect, in the construction of buildings, lays the foundation with the proper material-the granite-then comes the brick or the marble. The substratum of our society is made of the material fitted by nature for it, and by experience we know that it is the best, not only for the superior but for the inferior race, that it should be so. It is, indeed, in conformity with the Creator. It is not for us to inquire into the wisdom of His ordinances or to question them. For His own purposes He has made one race to differ from another, as He has made "one star to differ from another in glory." The great objects of humanity are best attained, when conformed to his laws and degrees [sic], in the formation of Governments as well as in all things else. Our Confederacy is founded upon principles in strict conformity with these laws. This stone which was rejected by the first builders "is become the chief stone of the corner" in our new edifice. Document 9- Crittenden Compromise The Crittenden Compromise was perhaps the last-ditch effort to resolve the secession crisis of by political negotiation. Authored by Kentucky Senator John Crittenden (whose two sons would become generals on opposite sides of the Civil War) it was an attempt to resolve the crisis by addressing the concerns that led the states of the Lower South to contemplate secession. As such, it gives a window into what the politicians of the day thought the cause of the crisis to be. The Compromise, as offered on December 18, 1860, consisted of a preamble, six (proposed) constitutional amendments, and four (proposed) Congressional resolutions. The text given here is taken from a photocopy of the Congressional Globe for December 18, 1860.

26 The Crittenden proposal consisted of the following six amendments to the Constitution: 1. Slavery would be prohibited in all territory of the United States "now held, or hereafter acquired," north of latitude 36 degrees 30 minutes. In territory south of this line, slavery was "hereby recognized" and could not be interfered with by Congress. Further, property in slaves was to be "protected by all the departments of the territorial government during its continuance." States would be admitted to the Union from any territory with or without slavery as their constitutions provided. 2. Congress was forbidden to abolish slavery in places under its jurisdiction within a slave state, such as a military post. 3. Congress could not abolish slavery in the District of Columbia so long as it existed in the adjoining states of Virginia and Maryland, and without the consent of the District's inhabitants. Compensation would be given to owners who refused consent to abolition. 4. Congress could not prohibit or interfere with the interstate slave trade. 5. Congress would provide full compensation to owners of rescued fugitive slaves. Congress was empowered to sue the county in which obstruction to the fugitive slave laws took place to recover payment; the county, in turn, could sue "the wrong doers or rescuers" who prevented the return of the fugitive. 6. No future amendment of the Constitution could change these amendments, or authorize or empower Congress to interfere with slavery within any slave state. Crittenden also offered the following four resolutions: 1. That fugitive slave laws were constitutional and should be faithfully observed and executed. 2. That all state laws which impeded the operation of fugitive slave laws, the so-called "Personal Liberty laws," were unconstitutional and should be repealed. 3. That the Fugitive Slave act of 1850 should be modified (and rendered less objectionable to the North) by equalizing the fee schedule for returning or releasing alleged fugitives, and limiting the powers of marshals to summon citizens to aid in their capture. 4. That laws for the suppression of the African slave trade should be effectively and thoroughly executed. Document 10- George B. McClellan to Abraham Lincoln Head Quarters, Army of the Potomac Camp near Harrison's Landing, Va. July 7th 1862 (Confidential) Mr. President You have been fully informed, that the Rebel army is in our front, with the purpose of overwhelming us by attacking our positions or reducing us by blocking our river communications. I can not but regard our condition as critical and I earnestly desire, in view of possible contingencies, to lay before your Excellency, for your private consideration, my general views concerning the state of the rebellion; although they do not strictly relate to the situation of this Army or strictly come within the scope of my official duties. These views amount to convictions and are deeply impressed upon my mind and heart. Our cause must never be abandoned; it is the cause of free institutions and self government. The Constitution and the Union must be preserved, whatever may be the cost in time, treasure and blood. If secession is successful, other dissolutions are clearly to be

27 seen in the future. Let neither military disaster, political faction or foreign war shake your settled purpose to enforce the equal operation of the laws of the United States upon the people of every state. The time has come when the Government must determine upon a civil and military policy, covering the whole ground of our national trouble. The responsibility of determining, declaring and supporting such civil and military policy and of directing the whole course of national affairs in regard to the rebellion, must now be assumed and exercised by you or our cause will be lost. The Constitution gives you power sufficient even for the present terrible exigency. This rebellion has assumed the character of a War: as such it should be regarded; and it should be conducted upon the highest principles known to Christian Civilization. It should not be a War looking to the subjugation of the people of any state, in any event. It should not be, at all, a War upon population; but against armed forces and political organizations. Neither confiscation of property, political executions of persons, territorial organization of states or forcible abolition of slavery should be contemplated for a moment. In prosecuting the War, all private property and unarmed persons should be strictly protected; subject only to the necessities of military operations. All private property taken for military use should be paid for or receipted for; pillage and waste should be treated as high crimes; all unnecessary trespass sternly prohibited; and offensive demeanor by the military towards citizens promptly rebuked. Military arrests should not be tolerated, except in places where active hostilities exist; and oaths not required by enactments -- Constitutionally made -- should be neither demanded nor received. Military government should be confined to the preservation of public order and the protection of political rights. Military power should not be allowed to interfere with the relations of servitude, either by supporting or impairing the authority of the master; except for repressing disorder as in other cases. Slaves contraband under the Act of Congress, seeking military protection, should receive it. The right of the Government to appropriate permanently to its own service claims to slave labor should be asserted and the right of the owner to compensation therefore should be recognized. This principle might be extended upon grounds of military necessity and security to all the slaves within a particular state; thus working manumission in such [a] state -- and in Missouri, perhaps in Western Virginia also and possibly even in Maryland the expediency of such a military measure is only a question of time. A system of policy thus constitutional and conservative, and pervaded by the influences of Christianity and freedom, would receive the support of almost all truly loyal men, would deeply impress the rebel masses and all foreign nations, and it might be humbly hoped that it would commend itself to the favor of the Almighty. Unless the principles governing the further conduct of our struggle shall be made known and approved, the effort to obtain requisite forces will be almost hopeless. A declaration of radical views, especially upon slavery, will rapidly disintegrate our present Armies. The policy of the Government must be supported by concentrations of military power. The national forces should not be dispersed in expeditions, posts of occupation and numerous Armies; but should be mainly collected into masses and brought to bear upon the Armies of the Confederate States; those Armies thoroughly defeated, the political structure which they support would soon cease to exist. In carrying out any system of policy which you may form, you will require a Commander in Chief of the Army; one who possesses your confidence, understands your views and who is competent to execute your orders by directing the military forces of the Nation to the accomplishment of the objects by you proposed. I do not ask that place for myself. I am willing to serve you in such position as you may assign me and I will do so as faithfully as ever subordinate served superior.

28 I may be on the brink of eternity and as I hope forgiveness from my maker I have written this letter with sincerity towards you and from love of my country. Very respectfully your obdt svt Geo B. McClellan Maj Genl Comdg Document 11- Union Officer s account of the Battle of Antietam At Antietam, or Sharpsburg, as the Confederates call it, on the soil of Maryland, occurred one of the most desperate though indecisive battles of modern times. The Union forces numbered about 60,000, the Confederates about 35,000. This battle left its lasting impress upon my body as well as upon my memory. General George B. McClellan, after his displacement, had been again assigned to the command of the Union forces. The restoration of this brilliant soldier seemed to have imparted new life to that army. Vigorously following up the success achieved at South Mountain, McClellan, on the 16th day of September, 1862, marshalled his veteran legions on the eastern hills bordering the Antietam. On the opposite slopes, near the picturesque village of Sharpsburg, stood the embattled lines of Lee. As these vast American armies, the one clad in blue and the other in gray, stood contemplating each other from the adjacent hills, flaunting their defiant banners, they presented an array of martial splendor that was not equalled, perhaps, on any other field. It was in marked contrast with other battle-grounds. On the open plain, where stood these hostile hosts in long lines, listening in silence for the signal summoning them to battle, there were no breastworks, no abatis, no intervening woodlands, nor abrupt hills, nor hiding-places, nor impassable streams. The space over which the assaulting columns were to march, and on which was soon to occur the tremendous struggle, consisted of smooth and gentle undulations and a narrow valley covered with green grass and growing corn. From the position assigned me near the centre of Lee's lines, both armies and the entire field were in view. The scene was not only magnificent to look upon, but the realization of what it meant was deeply impressive. Even in times of peace our sensibilities are stirred by the sight of a great army passing in review. How infinitely more thrilling in the dread moments before the battle to look upon two mighty armies upon the same plain, "beneath spread ensigns and bristling bayonets," waiting for the impending crash and sickening carnage! Behind McClellan's army the country was open and traversed by broad macadamized roads leading to Washington and Baltimore. The defeat, therefore, or even the total rout of Union forces, meant not necessarily the destruction of that army, but, more probably, its temporary disorganization and rapid retreat through a country abounding in supplies, and toward cities rich in men and means. Behind Lee's Confederates, on the other hand, was the Potomac River, too deep to be forded by his infantry, except at certain points. Defeat and total rout of his army meant, therefore, not only its temporary disorganization, but its possible destruction. And yet that bold leader did not hesitate to give battle. Such was his confidence in the steadfast courage and oft-tested prowess of his troops that he threw his lines across McClellan's front with their backs against the river. Doubtless General Lee would have preferred, as all prudent commanders would, to have the river in his front instead of his rear; but he wisely, as the sequel proved, elected to order Jackson from Harper's Ferry, and, with his entire army, to meet McClellan on the eastern shore rather than risk the chances of having the Union commander assail him while engaged in crossing the Potomac. On the elevated points beyond the narrow valley the Union batteries were rolled into position, and the Confederate heavy guns unlimbered to answer them. For one or more seconds, and before the first sounds reached us, we saw the great volumes of white smoke rolling from the mouths of McClellan's artillery. The next second brought the roar of the heavy discharges and the loud explosions of hostile shells in the midst of our lines, inaugurating the great battle. The Confederate batteries promptly responded; and while the artillery of both armies thundered, McClellan's compact columns of infantry fell upon the left of Lee's lines with the crushing weight of a land-slide. The Confederate battle line was too weak to withstand the momentum of such a charge. Pressed back, but neither hopelessly broken nor dismayed, the Southern troops, enthused by Lee's presence, reformed their lines, and, with a shout as

29 piercing as the blast of a thousand bugles, rushed in counter-charge upon the exulting Federals, hurled them back in confusion, and recovered all the ground that had been lost. Again and again, hour after hour, by charges and counter-charges, this portion of the field was lost and recovered, until the green corn that grew upon it looked as if it had been struck by a storm of bloody hail. Up to this hour not a shot had been fired in my front. There was an ominous lull on the left. From sheer exhaustion, both sides, like battered and bleeding athletes, seemed willing to rest. General Lee took advantage of the respite and rode along his lines on the right and centre. He was accompanied by Division Commander General D. H. Hill. With that wonderful power which he possessed of divining the plans and purposes of his antagonist, General Lee had decided that the Union commander's next heavy blow would fall upon our centre, and those of us who held that important position were notified of this conclusion. We were cautioned to be prepared for a determined assault and urged to hold that centre at any sacrifice, as a break at that point would endanger his entire army. My troops held the most advanced position on this part of the field, and there was no supporting line behind us. It was evident, therefore, that my small force was to receive the first impact of the expected charge and to be subjected to the deadliest fire. To comfort General Lee and General Hill, and especially to make, if possible, my men still more resolute of purpose, I called aloud to these officers as they rode away: "These men are going to stay here, General, till the sun goes down or victory is won." Alas! many of the brave fellows are there now. General Lee had scarcely reached his left before the predicted assault came. The day was clear and beautiful, with scarcely a cloud in the sky. The men in blue filed down the opposite slope, crossed the little stream (Antietam), and formed in my front, an assaulting column four lines deep. The front line came to a "charge bayonets," the other lines to a "right shoulder shift." The brave Union commander, superbly mounted, placed himself in front, while his band in rear cheered them with martial music. It was a thrilling spectacle. The entire force, I concluded, was composed of fresh troops from Washington or some camp of instruction. So far as I could see, every soldier wore white gaiters around his ankles. The banners above them had apparently never been discolored by the smoke and dust of battle. Their gleaming bayonets flashed like burnished silver in the sunlight. With the precision of step and perfect alignment of a holiday parade, this magnificent array moved to the charge, every step keeping time to the tap of the deep-sounding drum. As we stood looking upon that brilliant pageant, I thought, if I did not say, "What a pity to spoil with bullets such a scene of martial beauty!" But there was nothing else to do. Mars is not an aesthetic god; and he was directing every part of this game in which giants were the contestants. On every preceding field where I had been engaged it had been my fortune to lead or direct charges, and not to receive them; or else to move as the tides of battle swayed in the one direction or the other. Now my duty was to move neither to the front nor to the rear, but to stand fast, holding that centre under whatever pressure and against any odds. Every act and movement of the Union commander in my front clearly indicated his purpose to discard bullets and depend upon bayonets. He essayed to break through Lee's centre by the crushing weight and momentum of his solid column. It was my business to prevent this; and how to do it with my single line was the tremendous problem which had to be solved, and solved quickly; for the column was coming. As I saw this solid mass of men moving upon me with determined step and front of steel, every conceivable plan of meeting and repelling it was rapidly considered. To oppose man against man and strength against strength was impossible; for there were four lines of blue to my one of gray. My first impulse was to open fire upon the compact mass as soon as it came within reach of my rifles, and to pour into its front an incessant hail-storm of bullets during its entire advance across the broad, open plain; but after a moment's reflection that plan was also discarded. It was rejected because, during the few minutes required for the column to reach my line, I could not hope to kill and disable a sufficient number of the enemy to reduce his strength to an equality with mine. The only remaining plan was one which I had never tried but in the efficacy of which I had the utmost faith. It was to hold my fire until the advancing Federals were almost upon my lines, and then turn loose a sheet of flame and lead into their faces. I did not believe that any troops on earth, with empty guns in their hands, could withstand so sudden a shock and withering a fire. The programme was fixed in my own mind, all horses were sent to the rear, and my men were at once directed to lie down upon the grass and clover. They were quickly made to understand, through my aides and line officers, that the Federals were coming upon

30 them with unloaded guns; that not a shot would be fired at them, and that not one of our rifles was to be discharged until my voice should be heard from the centre commanding "Fire!" They were carefully instructed in the details. They were notified that I would stand at the centre, watching the advance, while they were lying upon their breasts with rifles pressed to their shoulders, and that they were not to expect my order to fire until the Federals were so close upon us that every Confederate bullet would take effect. There was no artillery at this point upon either side, and not a rifle was discharged. The stillness was literally oppressive, as in close order, with the commander still riding in front, this column of Union infantry moved majestically in the charge. In a few minutes they were within easy range of our rifles, and some of my impatient men asked permission to fire. "Not yet," I replied. "Wait for the order." Soon they were so close that we might have seen the eagles on their buttons; but my brave and eager boys still waited for the order. Now the front rank was within a few rods of where I stood. It would not do to wait another second, and with all my lung power I shouted " Fire!" My rifles flamed and roared in the Federals' faces like a blinding blaze of lightning accompanied by the quick and deadly thunderbolt. The effect was appalling. The entire front line, with few exceptions, went down in the consuming blast. The gallant commander and his horse fell in a heap near where I stood--the horse dead, the rider unhurt. Before his rear lines could recover from the terrific shock, my exultant men were on their feet, devouring them with successive volleys. Even then these stubborn blue lines retreated in fairly good order. My front had been cleared; Lee's centre had been saved; and yet not a drop of blood had been lost by my men. The result, however, of this first effort to penetrate the Confederate centre did not satisfy the intrepid Union commander. Beyond the range of my rifles he reformed his men into three lines, and on foot led them to the second charge, still with unloaded guns. This advance was also repulsed; but again and again did he advance in four successive charges in the fruitless effort to break through my lines with the bayonets. Finally his troops were ordered to load. He drew up in close rank and easy range, and opened a galling fire upon my line. I must turn aside from my story at this point to express my regret that I have never been able to ascertain the name of this lion-hearted Union officer. His indomitable will and great courage have been equaled on other fields and in both armies; but I do not believe they have ever been surpassed. Just before I fell and was borne unconscious from the field, I saw this undaunted commander attempting to lead his men in another charge. The fire from these hostile American lines at close quarters now became furious and deadly. The list of the slain was lengthened with each passing moment. I was not at the front when, near nightfall, the awful carnage ceased; but one of my officers long afterward assured me that he could have walked on the dead bodies of my men from one end of the line to the other. This, perhaps, was not literally true; but the statement did not greatly exaggerate the shocking slaughter. Before I was wholly disabled and carried to the rear, I walked along my line and found an old man and his son lying side by side. The son was dead, the father mortally wounded. The gray-haired hero called me and said: "Here we are. My boy is dead, and I shall go soon; but it is all right." Of such were the early volunteers. Document 12- Transcript of Emancipation Proclamation Lincoln 1863 By the President of the United States of America: A Proclamation. Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit: "That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States,

31 including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom. "That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States." Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, to wit: Arkansas, Texas, Louisiana, (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the City of New Orleans) Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth[)], and which excepted parts, are for the present, left precisely as if this proclamation were not issued. And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons. And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages. And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service. And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.

32 By the President: ABRAHAM LINCOLN WILLIAM H. SEWARD, Secretary of State. Document 13- Gettysburg Address Lincoln 1863 "Fourscore and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation or any nation so conceived and so dedicated can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field as a final resting-place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. But in a larger sense, we cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead who struggled here have consecrated it far above our poor power to add or detract. The world will little note nor long remember what we say here, but it can never forget what they did here. It is for us the living rather to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us--that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion--that we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth." Document 14 and 15- Posters and Cartoons for 1864 Election

33 Lincoln on Left McClellan in Middle and Jefferson Davis on the Right