The South Was Right, the Historians Are Wrong: Taking the Antislavery Origins of the Civil War Seriously

Why did the Southern states choose to secede when Abraham Lincoln was elected president in November of 1860? At the time, Southerners attributed “secession winter” to the fear that Lincoln and the Republicans fully intended to make war on slavery, bypassing the Constitution, which left the issue of slavery to the states. Thus, they believed, their only option was to separate from the Union.

Northern Democrats agreed, contending that Republicans intended to circumvent the Constitution’s prohibition against direct federal action against slavery. Agitation by the “Black Republicans” was responsible for the crisis. The Democrats felt vindicated when Republicans refused to compromise on the extension of slavery into the territories. In addition, the Democrats charged, the Republicans intended to refuse to enforce the fugitive slave law that had been passed in 1850 as part of the Great Compromise.

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Review of Justin Dyer’s Natural Law and the Antislavery Constitutional Tradition

In the Law and Liberty Books section, David Foster reviews Justin Dyer's new book, Natural Law and the Antislavery Constitutional Tradition. Foster's review underscores the book's focus on the way natural law, which Dyer defines as . . . . what Thomas Jefferson called the “American mind” – a set of ideas that (in Jefferson’s words) rested on “the harmonizing sentiments of the day” (p. 1).  The core of these  ideas are the natural rights expressed in the Declaration of Independence, understood as resting on the premise that reason can discover in human nature, general, morally obligatory principles of action (or…

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