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  • Federalist 84

     |  Rethinking Union and Government

    Federalist 84 Federalist 84 1 Alexander Hamilton Although New York had ratified the Constitution by the time this essay was published, the debate it addresses lived on. The original Constitution did not include what came to be known as the Bill of Rights. Many Anti-Federalists ended up supporting the Constitution because of the concession made in some states that the first Congress would adopt a Bill of Rights. Publius here makes no such concession, arguing that a listing of rights would be potentially dangerous. In the end, Publius lost this battle, and even James Madison, despite his earlier opposition, ended up championing the Bill of Rights. August 9, 1788 Certain General and Miscellaneous Objections to the Constitution Considered and Answered ...

  • Federalist 52

     |  Three Branches of Government

    Federalist 52 Federalist 52 1 James Madison The House of Representatives is designed, Publius explains, to be closest to the people. February 8, 1788 The House of Representatives From the more general inquiries pursued in the four last papers, I pass on to a more particular examination of the several parts of the government. I shall begin with the House of Representatives. The first view to be taken of this part of the government relates to the qualifications of the electors and the elected. Those of the former are to be the same with those of the electors of the most numerous branch of the State legislatures. The definition of the right of suffrage is very justly regarded as a fundamental article of republican government. It was incumbent ...

  • Federalist 57

     |  Three Branches of Government

    Federalist 57 Federalist 57 1 James Madison Publius explains the necessity of virtue in elected representatives and of a spirit of manly vigilance in the American people. February 19, 1788 The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation The third charge against the House of Representatives is that it will be taken from that class of citizens which will have least sympathy with the mass of the people, and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement of the few. Of all the objections which have been framed against the federal Constitution, this is perhaps the most extraordinary. Whilst the objection itself is leveled against ...

  • Draft of the Declaration of Independence

     |  Roots of the Slavery Crisis

    Draft of the Declaration of Independence Draft of the Declaration of Independence 1 Thomas Jefferson Jefferson's first draft of the Declaration of Independence contained a critique of King George III's involvement in the slave trade. Although not approved by the entire Second Continental Congress, it indicates that the leading Founders understood the slavery issue in moral terms. 1776 ...He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium of infidel powers, is the warfare ...

  • The Northwest Ordinance

     |  Roots of the Slavery Crisis

    The Northwest Ordinance The Northwest Ordinance Congress of the Confederation Passed when only a single state outlawed slavery, the anti-slavery stance of the Northwest Ordinance—barring slavery in the territories, and thus in future states—gave weight to Abraham Lincoln's later argument that the Founders sought to place slavery "in the course of ultimate extinction." July 13, 1787 Article VI ...There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed ...

  • Five Founders on Slavery

     |  Roots of the Slavery Crisis

    Five Founders on Slavery George Washington, John Adams, Benjamin Franklin, Alexander Hamilton, and James Madison on Slavery None of the leading Founders ever declared slavery to be a just or beneficial institution. In fact, they hoped to see the slave trade eradicated, and eventually the entire institution of slavery made illegal. George Washington Letter to Robert Morris 1 April 12, 1786 "...[T]here is not a man living who wishes more sincerely than I do, to see a plan adopted for the abolition of it...." John Adams Letter to Robert J. Evans 2 June 8, 1819 "...Every measure of prudence, therefore, ought to be assumed for the eventual total extirpation of slavery from the United States.... I have, through my whole life ...

  • Query XVIII: Manners

     |  Roots of the Slavery Crisis

    Query XVIII: Manners Notes on the State of Virginia, Query XVIII: Manners 1 Thomas Jefferson The primary author of the Declaration of Independence, Jefferson was well aware that his ownership of slaves violated the principles he espoused. 1784 The particular customs and manners that may happen to be received in that State? It is difficult to determine on the standard by which the manners of a nation may be tried, whether catholic or particular. It is more difficult for a native to bring to that standard the manners of his own nation, familiarized to him by habit. There must doubtless be an unhappy influence on the manners of our people produced by the existence of slavery among us. The whole commerce between master and slave is a perpetual ...

  • Letter to John Jay

     |  Roots of the Slavery Crisis

    Letter to John Jay Letter to John Jay 1 Alexander Hamilton Hamilton, a founder of the New York Manumission Society, writes to John Jay, a co-founder of the Society and then-president of the Continental Congress, arguing that slaves should be allowed to fight for the American cause in the War for Independence, earning their "freedom with their muskets." Eventually, some 5,000 blacks served as soldiers in the war. March 14, 1779 Dear Sir: Colonel Laurens, who will have the honor of delivering you this letter, is on his way to South Carolina, on a project, which I think, in the present situation of affairs there, is a very good one and deserves every kind of support and encouragement. This is to raise two, three, or four battalions of negroes ...

  • Federalist 54

     |  Roots of the Slavery Crisis

    Federalist 54 Federalist 54 1 James Madison Madison here gives voice to the understanding of the South regarding the three-fifths clause of the Constitution, which required that three-fifths of the slaves in each state be counted for purposes of representation. This clause had a strange history. Most Southerners argued that slaves should be counted as full persons for voting purposes, while Northerners opposed to slavery advocated that they not be counted at all. Here Madison's "Southerner" presents the compromise position with approval, but in the process admits much of its moral illogic. February 12, 1788 The Apportionment of Members Among the States ..."We subscribe to the doctrine," might one of our Southern brethren observe, "that ...

  • Letter to Henri Gregoire

     |  Roots of the Slavery Crisis

    Letter to Henri Gregoire Letter to Henri Gregoire 1 Thomas Jefferson The Constitution specified that Congress could not prohibit the importation of slaves until 1808. President Jefferson signed the bill to bring about this prohibition in March 1807 and it went into effect on January 1, 1808. Writing here a year later, he maintains hopes for an end to slavery itself. February 25, 1809 Sir: I have received the favor of your letter of August 17th, and with it the volume you were so kind as to send me on the "Literature of Negroes." Be assured that no person living wishes more sincerely than I do, to see a complete refutation of the doubts I have myself entertained and expressed on the grade of understanding allotted to them by nature, and ...

  • Speech on Reception of Abolition Petitions

     |  Roots of the Slavery Crisis

    Speech on Reception of Abolition Petitions Speech on Reception of Abolition Petitions 1 John C. Calhoun (1782-1850) The number of slaves in America had grown from 700,000 in 1790 to over two million in 1830. Northern opposition to slavery was growing in the 1820s and 1830s, as it became clear that hopes for a withering away of slavery were unrealistic. This elicited a similarly strong response from slavery's foremost advocates. In 1836, the House of Representatives passed a "gag rule" that tabled abolition discussions. Here, Senator John C. Calhoun champions a similar resolution in the Senate. His argument became the linchpin of what came to be called the "positive good" school of thought regarding slavery, one all but absent from the debates of the two previous ...

  • Speech on the Oregon Bill

     |  Roots of the Slavery Crisis

    Speech on the Oregon Bill Speech on the Oregon Bill 1 John C. Calhoun Even worse than political errors such as the Northwest Ordinance, Calhoun argues here, are theoretical errors, chief of which is the equality principle of the Declaration of Independence. June 27, 1848 ...I turn now to my friends of the South, and ask: What are you prepared to do? If neither the barriers of the constitution nor the high sense of right and justice should prove sufficient to protect you, are you prepared to sink down into a state of acknowledged inferiority; to be stripped of your dignity of equals among equals, and be deprived of your equality of rights in this federal partnership of States? If so, you are woefully degenerated from your sires, and will well ...

  • Letter to John Holmes

     |  Roots of the Slavery Crisis

    Letter to John Holmes Letter to John Holmes 1 Thomas Jefferson Awakened to the looming crisis over slavery by the Missouri Compromise, Jefferson foresees in this letter that the Compromise was far from the final word on the matter. April 22, 1820 I thank you, dear Sir, for the copy you have been so kind as to send me of the letter to your constituents on the Missouri question. It is a perfect justification to them. I had for a long time ceased to read newspapers, or pay any attention to public affairs, confident they were in good hands, and content to be a passenger in our bark to the shore from which I am not distant. But this momentous question, like a fire bell in the night, awakened and filled me with terror. I considered it at once as the ...

  • The Constitution and the Union

     |  Roots of the Slavery Crisis

    The Constitution and the Union The Constitution and the Union 1 Daniel Webster (1782-1852) Webster began representing Massachusetts in the U.S. Senate in 1813, and by the 1830s had attained a national reputation—in part as a result of his Senate debates with nullification proponent Senator Robert Hayne of South Carolina. Webster spent the final decade of his life attempting to avert the growing sectional divide, never wavering in his defense of the Union. In this speech he restated his longstanding conviction that "Peaceable secession is an utter impossibility." He died two years later, in 1852, with the nation divided. March 7, 1850 Mr. President: I wish to speak today, not as a Massachusetts man, nor as a Northern man, but as an American ...

  • Alabama Slave Code of 1852

     |  Roots of the Slavery Crisis

    Alabama Slave Code of 1852 Alabama Slave Code of 1852 1 Growth in the slave population and threats from abolitionists led Southern states to adopt new slave codes in the mid-nineteenth century. Alabama's revised code, adopted in 1852 and in effect until the end of the Civil War, built on a previous code from 1833. 1852 Chapter III. Patrols. §983. All white male owners of slaves, below the age of sixty years, and all other free white persons, between the ages of eighteen and forty-five years, who are not disabled by sickness or bodily infirmity, except commissioned officers in the militia, and persons exempt by law from the performance of militia duty, are subject to perform patrol duty.... §990. Each detachment must patrol such parts of ...

  • Speech on the Kansas-Nebraska Act

     |  Crisis of Constitutionalism

    Speech on the Kansas-Nebraska Act Speech on the Kansas-Nebraska Act 1 Abraham Lincoln Supporters of the Compromise of 1850 lauded it as a continuation of the Missouri Compromise, which had helped maintain peace for thirty years. But four years later, the Missouri Compromise was eviscerated by the Kansas-Nebraska Act. Authored by Democratic Senator Stephen Douglas, it was in fact two provisions, one providing for the territory of Nebraska and the other for the new territory of Kansas. Breaking with the Missouri Compromise's ban on slavery in this part of the country, it established the policy of "popular sovereignty": Slavery would be voted on by the citizens of each territory, and made legal or illegal according to the will of the majority. For Lincoln, this ...

  • Republican Party Platform of 1856

     |  Crisis of Constitutionalism

    Republican Party Platform of 1856 Republican Party Platform of 1856 1 Northern anger toward the Kansas-Nebraska Act reached its zenith in the late spring of 1854, when various anti-slavery forces coalesced in Jackson, Michigan. Organized around the principles of the Declaration of Independence, the Republican Party was born out of this meeting. It would adopt a platform two years later that called for repeal of the Kansas-Nebraska Act and restoration of the Missouri Compromise. June 17, 1856 This convention of delegates, assembled in pursuance of a call addressed to the people of the United States, without regard to past political differences or divisions, who are opposed to the repeal of the Missouri Compromise, to the policy of the present Administration ...

  • Dred Scott v. Sandford

     |  Crisis of Constitutionalism

    Dred Scott v. Sandford Dred Scott v. Sandford 1 Roger Taney (1777-1864) Like Stephen Douglas, Supreme Court Chief Justice Taney believed that his response to the slavery controversy would resolve the issue. His ruling in Dred Scott v. Sandford had the opposite result, throwing the country into even greater turmoil. The case was brought by a slave, Dred Scott, who was taken by his master into territory in which slavery was illegal. Asked to rule simply on whether Scott's residency in a free territory meant that he should be granted freedom, the Court ruled that Congress had no power to regulate slavery in the territories and that persons of African descent could not be citizens, rendering both the Missouri Compromise and the Compromise of 1850 unconstitutional ...

  • Speech on the Dred Scott Decision

     |  Crisis of Constitutionalism

    Speech on the Dred Scott Decision Speech on the Dred Scott Decision 1 Abraham Lincoln Lincoln argues that Chief Justice Taney's opinion in Dred Scott v. Sandford violated America's founding principles and rewrote American history. June 26, 1857 ...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 ...

  • A House Divided

     |  Crisis of Constitutionalism

    A House Divided A House Divided 1 Abraham Lincoln Lincoln delivered this speech upon his nomination as the Republican candidate for the U.S. Senate in Illinois, where he would square off against incumbent Senator Stephen Douglas. Drawing the leading metaphor from a passage in the Gospel of Matthew, Lincoln held that pro-slavery forces—Douglas, Franklin Pierce (president when the Kansas-Nebraska Act was adopted), Roger Taney, and James Buchanan (president when Dred Scott was decided)—were working in concert to effect a national policy legalizing slavery in all states and territories. Papers throughout the North reprinted the text of the speech, propelling Lincoln to new prominence. June 16, 1858 Mr. President and Gentlemen of the Convention: If ...
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