Judge
Napolitano on Lincoln
by
Thomas J. DiLorenzo
by Thomas J. DiLorenzo
DIGG THIS
The
recent discussions in the media about Ron Paul’s comments regarding
Lincoln and his political legacy got me to thinking, wouldn’t it
be great if Judge Andrew Napolitano, the Fox News Senior Judicial
Analyst, would weigh in on the subject. I had this thought because
Judge Napolitano included a chapter entitled "Dishonest Abe"
in his brilliant book, The
Constitution in Exile. Judge Napolitano is a very busy man,
hosting a radio show as well as appearing on television, making
speeches all around the country, writing books, and practicing law
– in addition to (hopefully) having a private family life. Since
I am a big fan of his writing I thought I would try to pique our
readers’ interest in what the judge has to say on this subject.
The first
two sentences of the "Dishonest Abe" chapter of The
Constitution in Exile are hard hitting: "The Abraham Lincoln
of legend is an honest man who freed the slaves and saved the Union.
Few things could be more misleading." He then goes on to say
exactly what Ron Paul told the Washington Post, and which
seemed to mystify and confuse Tim Russert in his "Meet the
Press" interview with Congressman Paul: "In order to increase
his federalist vision of centralized power, ‘Honest’ Abe misled
the nation into an unnecessary war. He claimed that the war was
about emancipating slaves, but he could have simply paid slave owners
to free their slaves . . . . The bloodiest war in American history
could have been avoided." And, as Ron Paul would likely add,
all the other countries of the world that ended slavery in the nineteenth
century, including Britain, Spain, France, Denmark, the Dutch, did
so without a war. This, by the way, included the Northern states
in the U.S. There were no "civil wars" to free the slaves
in Massachusetts, New York (where slavery existed for over 200 years),
or Illinois.
Lincoln’s
"actions were unconstitutional and he knew it," writes
Napolitano, for "the rights of the states to secede from the
Union . . . [are] clearly implicit in the Constitution, since it
was the states that ratified the Constitution . . ."
Lincoln’s view "was a far departure from the approach of Thomas
Jefferson, who recognized states’ rights above those of the Union."
Judge Napolitano also reminds his readers that the issue of using
force to keep a state in the union was in fact debated – and
rejected – at the Constitutional Convention as part of the "Virginia
Plan."
He also
discusses Lincoln’s Confiscation Act of 1862, under which "any
slaves behind the Union lines were captives of war who were to be
freed and transported to countries in the tropics. This was
in keeping with Dishonest Abe’s lifelong position (his "White
Dream," according to Ebony magazine managing editor
Lerone Bennett, Jr, author of Forced
into Glory: Abraham Lincoln’s White Dream) of deporting
all blacks from the U.S. "Colonization" was the euphemism
that was used for this.
"The
Confiscation Acts," writes Judge Napolitano, "show that
Lincoln did not have much concern for the slaves. He did not suggest
to Congress that freed slaves should be granted civil rights or
citizenship in Northern states. Once the freed slaves were transported
out of the United States, they would no longer be Lincoln’s problem."
This is also why Lincoln tinkered with proposals for compensated
emancipation in the border states while they were under U.S. military
occupation during the war. These proposals included immediate
deportation of any freed slaves. He saw the occupation of the
border states during the war as an opportunity to begin ridding
the country of "The Africans," as he referred to black
people, as though they were from another planet. Judge Napolitano
quotes Lincoln in one of his debates with Stephen Douglas as saying
what he repeatedly said throughout his adult life: "I will
say then that I am not, nor ever have been in favor of bringing
about in any way the social and political equality of the white
and black races – that I am not nor ever have been in favor of making
voters or jurors of Negroes." "Lincoln was more concerned
about the failure of [the seceding] states to collect tariffs than
he was about slavery, " says Napolitano.
Unlike
all those hopelessly miseducated neocon pundits who sneered at Ron
Paul’s statements regarding how Lincoln did tremendous damage to
the principles of the American founders, Judge Napolitano is well
schooled in constitutional history. He writes of Lincoln’s complete
trashing of the Constitution by "murdering civilians, declaring
martial law, suspending habeas corpus, seizing . . . private property
without compensation (including railroads and telegraphs), conducting
a war without the consent of Congress, imprisoning nearly thirty
thousand Northern citizens without trial, shutting down .
. . newspapers, and even deporting a congressman (Clement L. Vallandigham
from Ohio) because he objected to the imposition of an income tax."
"Saying
that Lincoln abolished slavery and calling him the ‘Great Emancipator’
are grossly inadequate mischaracterizations," writes the judge.
"Lincoln was interested in promoting his political agenda of
centralizing government power, and freeing the slaves was only a
means of advancement of that end."
Lincoln
destroyed the union of the founding fathers. He "replaced
a voluntary association of states with a strong centralized government.
The president and his party eagerly lifted the floodgates to the
modern thuggish style of ruling that the U.S. government now employs"
(emphasis added). This "opened the door to more unconstitutional
acts by the government in the 1900s through to today."
The next time
you see Lincoln’s portrait on a five-dollar bill, the judge concludes,
"remember how many civil liberties he took away from you."
January
8, 2008
Thomas
J. DiLorenzo [send him mail]
professor of economics at Loyola College in Maryland and the
author of The
Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an
Unnecessary War,
(Three Rivers Press/Random House). His
latest book is Lincoln
Unmasked: What You’re Not Supposed To Know about Dishonest Abe
(Crown Forum/Random House).
Copyright
© 2008 LewRockwell.com
Thomas
DiLorenzo Archives at LRC
Thomas
DiLorenzo Archives at Mises.org
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