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bria_29_3:Layout 1 3/14/2014 6:41 PM Page 1 Bill of Rights Constitutional Rights in Action Foundation SPRING 2014 Volume 29 No 3 THE LINCOLN-DOUGLAS DEBATES —SPRINGBOARDTOTHEWHITEHOUSE Wikimedia Commons Lincoln stands during one of the seven Lincoln-Douglas debates. Douglas is seated on Lincoln’s right.

IN THE YEARS LEADING UP TO THE ATTRACTED INTENSE NATIONAL PRESS would not join the new nation with- CIVIL WAR, THE ISSUE OF SLAVERY COVERAGE AND ULTIMATELY AFFECTED out it. They did not challenge the in- DIVIDED THE DEMOCRATIC PARTY AND THE OUTCOME OF THE PRESIDENTIAL stitution of slavery, believing it would NEWLY FORMED REPUBLICAN PARTY. RACE IN 1860. remain limited to the South and ONE OF THE MOST PROMINENT DEMOC- would eventually die out. RATS WAS THE U.S. SENATOR FROM The issue of slavery divided the ILLINOIS STEPHEN DOUGLAS. WHEN nation from its beginning. Although As the nation expanded and new HE RAN FOR RE-ELECTION IN 1858 many of them opposed slavery, the states entered the Union, however, the AGAINST REPUBLICAN ABRAHAM LIN- framers of the U.S. Constitution issue re-emerged. The Northern states COLN, THE TWO MEN HELD A largely ignored the issue. They rec- wanted to keep slavery limited to the SERIES OF DEBATES. FOCUSED ON THE ognized that the Southern states South. The South feared that if new ISSUE OF SLAVERY, THE DEBATES states entered as free states, it would be outnumbered in Congress, and the in- CONFLICTS stitution of slavery could be threatened. The Louisiana Purchase of 1803 This edition of Bill of Rights in Action looks at historical and current conflicts. The first article focuses on the famous Lincoln-Douglas debates of 1858, which helped more than doubled the territory of propel into the White House two years later. The second article the United States. It also fueled a pro- examines the battle over Sudan, fought in the late 19th century. The last article longed debate over the question of explores the ongoing issue of Bible readings in public schools. slavery in the new lands. Finally, in U.S. History: The Lincoln-Douglas Debates 1820, Congress passed the Missouri Compromise. Among other things, it World History: Sudan, Imperialism, and the Mahdi’s Holy War banned slavery in what had been the Government: Are Bible Readings Ever Allowed in Public Schools? Louisiana Territory north of latitude Guest writer Lucy Eisenberg, Esq., contributed the article on the Lincoln-Douglas 36 degrees 30 minutes except for the debates. Our longtime contributor Carlton Martz wrote the article on Sudan and new state of Missouri, which would the Mahdi. CRF staff writer Damon Huss wrote the piece on Bible readings. enter as a slave state.

U.S. HISTORY

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The Constitution and Slavery Following the Mexican War the Whig Party, he had previously Senate. The fight against slavery, Lin- southern Illinois. Many believed that The Constitution deals with slavery in three places, yet it avoids using the words (1846–48), the U.S. acquired vast served four terms in the Illinois state coln said, cannot be led by someone Douglas was the sure winner of the “slave” or “slavery.” Note the language it uses to: new territory in the Southwest. After legislature (in 1834, ’36, ’38, and ’40) who has proclaimed indifference to Senate race — and a probable con- much turmoil, Congress passed the and one term to the U.S. Congress that evil. “Our cause . . . must be en- tender for president in 1860. But even Determine how to count slaves as part of a state’s population. “Representa- Compromise of 1850. Crafted by Sen- (1847–1849). After his two years in trusted to, and conducted by its own his supporters recognized that defeat- tives and direct Taxes shall be apportioned among the several States . . . according to their respective Numbers, which shall be determined by adding to ator Henry Clay, a Whig from Ken- Congress, Lincoln returned to the undoubted friends — those whose ing Lincoln would be hard work. One the whole Number of free Persons . . . [and] three fifths of all other Persons.” tucky, and pushed through Congress practice of law. But the political tur- hands are free, whose hearts are in pro-Douglas correspondent described (Art. I, §2) by Senator Stephen Douglas, a De- moil caused by the Kansas-Nebraska the work.” The theme of his cam- Lincoln as a good lawyer who “tells a mocrat from Illinois, the compromise Act brought him back. In the summer paign would be, as he proclaimed, to story better than anyone else.” He is Allow Congress to end the slave trade with foreign countries in 1808. “The allowed California to enter as a free of 1854, Lincoln decided to run again end the crisis over slavery. In memo- not Douglas’ equal “in dignity, intel- Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year state. But the compromise also left for the state legislature, this time as rable words, Lincoln quoted from the lect and majesty of mind,” the corre- one thousand eight hundred and eight . . . .” (Art. I, §9) the decision over slavery to the resi- a Republican. Three times in his cam- Gospel of Mark: “A house divided spondent wrote, but was “remarkably dents of the large Utah and New paign speeches he directly responded against itself cannot stand.” He then able” and would give Douglas “the Ensure that states will return escaped slaves. “No Person held to Service or Mexico territories. This political doc- to speeches by Douglas, and on one expressed his belief that someday fight of his life.” Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Serv- trine of leaving the decision to the occasion Douglas answered with a slavery would either be extinguished The campaign began early in ice or Labour, but shall be delivered up on Claim of the Party to whom such people was known as popular sover- long rebuttal. This exchange pre- or spread throughout the country: July, with Douglas speaking from the Service or Labour may be due.” (Art. IV, §1) eignty. Douglas believed popular sov- viewed what four years later became I believe this government cannot balcony of a hotel in Chicago. In his ereignty would help defuse the the famous Lincoln-Douglas debates. endure, permanently half slave speech, Douglas castigated Lincoln’s controversy over slavery. and half free. I do not expect the “House Divided” speech and touted for 30 minutes. With the first debate and avenues leading from the country Four years later, Douglas returned ‘House Divided’ Union to be dissolved — I do not his own platform of popular sover- scheduled for August 21 in Ottawa, were so enveloped with dust that the to popular sovereignty when ad- Two years after passage of the expect the house to fall — but I eignty. Lincoln, he said, wanted to the candidates went back on the town resembled a vast smoke house.” dressing the question of the Nebraska Kansas-Nebraska Act, the Republican do expect it will cease to be di- impose uniformity throughout the road, and the press began to prepare. Military bands with huge brass tubas Territory. He introduced a bill in the Party in Philadelphia held its first na- vided. It will become all one country, perhaps by war. He con- On August 10, a leading newspa- surrounded the courthouse and the Senate to repeal the Missouri Com- tional convention. It nominated as its thing or all the other. trasted Lincoln’s position to his belief per in Richmond, Va., proclaimed, public square. Peddlers were hawking promise, split the Nebraska territory 1856 presidential candidate Califor- Many of Lincoln’s supporters dis- in “the great principle of the Kansas- “The great battle of the next Presi- their wares, and huge amounts of food in two (the southern one to be called nia’s John C. Fremont, who strongly approved of the “House Divided” Nebraska Bill, the right of the people dential election is now being fought were served at long tables by a local Kansas), and leave the decision on opposed extending slavery outside speech, fearing that it would be in- to decide for themselves.” in Illinois.” Even before the debates committee. For many people going to whether slavery would be allowed to the South. In Illinois, the Republican terpreted as a threat to make war on Lincoln responded the next began, the press recognized that the political gatherings was a form of won- the inhabitants of the territories. Party was just gathering strength. the Southern states and would alien- evening, speaking from the same bal- contest between Douglas and Lincoln derful — and free — entertainment. After long and acrimonious debates, Lincoln attended the party’s first con- ate voters who might otherwise have cony. Answering Douglas’ criticism would interest people around the Thousands of people flocked to the de- the bill passed Congress in May 1854 vention in Bloomington and worked voted for Lincoln. And indeed the of his “House Divided” speech, Lin- country. Reporters from as far away bates to hear the “Little Giant” and and became known as the Kansas- on Fremont’s during his unsuccessful “House Divided” speech became a coln said that prior to the Kansas-Ne- as New York and Oregon came to Illi- “Honest Abe” speak. Nebraska Act. presidential campaign. Lincoln’s tire- key point in the campaign. braska Act, the country had nois to cover the debates. Two papers The new law polarized the nation less work and his fervent opposition Unlike today, U.S. senators were “endured” being half slave and half took an unusual step and decided to Is Slavery Morally Wrong? along North-South lines. Once active to the spread of slavery attracted not popularly elected. The state leg- free because the public had believed publish verbatim transcripts of the Senator Douglas spoke first in the in both the North and South, the many Republican activists. They saw islature selected the U.S. senators. that slavery ultimately would disap- debates. The Chicago Times (a pro- Ottawa debate. Not surprisingly, he Whig Party lay in ruins. Many Whigs Lincoln as a worthy opponent of Thus, in a campaign for Senate, each pear. But the Kansas-Nebraska-Act Democratic paper) and the Chicago went right to the slavery issue and ac- in the North joined the new Republi- Douglas in Illinois’ upcoming elec- party tried to win a majority of seats had undermined this belief by per- Press and Tribune (a pro-Republican cused Lincoln of being an abolitionist can Party, formed in opposition to the tion for the Senate. in the state legislature. mitting slavery to spread where it had paper) both hired reporters (then whose beliefs would result in sepa- Kansas-Nebraska Act. When the Illinois Republican previously been banned. called “phonographers”) to record rating the Union. Lincoln and his Douglas came under attack as hav- Party met in June 1858 in Springfield, Agreement to Debate During July, the Douglas cam- the entire debates in shorthand. The party, Douglas claimed, “are trying to ing opened all unorganized territories the delegates nominated Lincoln for Lincoln faced a formidable oppo- paign seemed to be winning. Lincoln shorthand transcripts would be array all the Northern states in one to slavery and placing the country the Senate. In his acceptance speech, nent in Douglas. Standing 5 feet 4 often followed Douglas from town to rushed by train back to Chicago, ed- body against the South, to excite a under the “yoke of slaveholding des- Lincoln spoke for 35 minutes and inches tall and often called the “Little town and spoke after the senator’s ited, and published, often the very sectional war between the free states potism.” Douglas denied opponents’ closed by warning of the danger Dou- Giant,” Douglas was one of the best- rallies. The pro-Douglas press said next day. and the slave states.” claims that he was opening up the glas posed if he were re-elected to the known politicians in the country. After that following Douglas around was As the reporters were preparing, so Douglas based his accusation on whole country to slavery. Writing to a serving in the Illinois legislature and the only way Lincoln could attract a too were the towns where the debates Lincoln’s “House Divided” speech. New Hampshire newspaper, he said, Thousands of in the U.S. House of Representatives, crowd. Worried that he was behind, were scheduled to take place. One cor- Why, Douglas asked, should the “Why do they not state the matter he was elected to the U.S. Senate in Lincoln challenged Douglas to a se- respondent from New York wrote, “The Union not continue to exist, half truly and say that it opens the country people ocked to the 1846 and was re-elected in 1852. As ries of debates. Douglas agreed to de- prairies are on fire.” On August 21 in Ot- slave and half free, as it had for 70 to freedom by leaving people perfectly author of the Kansas-Nebraska Act bate in towns in seven different tawa, the town overflowed with people years, and as the founders had in- free to do as they please.” debates to hear the and a supporter of limited govern- districts. The candidates decided to from surrounding communities and tended? Douglas repeated his own While Douglas was championing ment, Douglas drew strong support speak on an alternating basis: one counties. People came by foot, on commitment to popular sovereignty, the Kansas-Nebraska Act in Congress, ‘Little Giant’ and from Southern Democrats and their man would speak for 60 minutes; the horseback, in wagons, by railroad, and letting the people decide whether to lawyer Abraham Lincoln was out of sympathizers, including many De- other would reply for 90 minutes; by boat. At eight o’clock in the morn- allow slavery in their territory or the political arena. As a member of ‘Honest Abe’ speak. mocrats who lived in central and and the first speaker would conclude ing, one reporter wrote, “The streets state. Douglas claimed although he

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The Constitution and Slavery Following the Mexican War the Whig Party, he had previously Senate. The fight against slavery, Lin- southern Illinois. Many believed that The Constitution deals with slavery in three places, yet it avoids using the words (1846–48), the U.S. acquired vast served four terms in the Illinois state coln said, cannot be led by someone Douglas was the sure winner of the “slave” or “slavery.” Note the language it uses to: new territory in the Southwest. After legislature (in 1834, ’36, ’38, and ’40) who has proclaimed indifference to Senate race — and a probable con- much turmoil, Congress passed the and one term to the U.S. Congress that evil. “Our cause . . . must be en- tender for president in 1860. But even Determine how to count slaves as part of a state’s population. “Representa- Compromise of 1850. Crafted by Sen- (1847–1849). After his two years in trusted to, and conducted by its own his supporters recognized that defeat- tives and direct Taxes shall be apportioned among the several States . . . according to their respective Numbers, which shall be determined by adding to ator Henry Clay, a Whig from Ken- Congress, Lincoln returned to the undoubted friends — those whose ing Lincoln would be hard work. One the whole Number of free Persons . . . [and] three fifths of all other Persons.” tucky, and pushed through Congress practice of law. But the political tur- hands are free, whose hearts are in pro-Douglas correspondent described (Art. I, §2) by Senator Stephen Douglas, a De- moil caused by the Kansas-Nebraska the work.” The theme of his cam- Lincoln as a good lawyer who “tells a mocrat from Illinois, the compromise Act brought him back. In the summer paign would be, as he proclaimed, to story better than anyone else.” He is Allow Congress to end the slave trade with foreign countries in 1808. “The allowed California to enter as a free of 1854, Lincoln decided to run again end the crisis over slavery. In memo- not Douglas’ equal “in dignity, intel- Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year state. But the compromise also left for the state legislature, this time as rable words, Lincoln quoted from the lect and majesty of mind,” the corre- one thousand eight hundred and eight . . . .” (Art. I, §9) the decision over slavery to the resi- a Republican. Three times in his cam- Gospel of Mark: “A house divided spondent wrote, but was “remarkably dents of the large Utah and New paign speeches he directly responded against itself cannot stand.” He then able” and would give Douglas “the Ensure that states will return escaped slaves. “No Person held to Service or Mexico territories. This political doc- to speeches by Douglas, and on one expressed his belief that someday fight of his life.” Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Serv- trine of leaving the decision to the occasion Douglas answered with a slavery would either be extinguished The campaign began early in ice or Labour, but shall be delivered up on Claim of the Party to whom such people was known as popular sover- long rebuttal. This exchange pre- or spread throughout the country: July, with Douglas speaking from the Service or Labour may be due.” (Art. IV, §1) eignty. Douglas believed popular sov- viewed what four years later became I believe this government cannot balcony of a hotel in Chicago. In his ereignty would help defuse the the famous Lincoln-Douglas debates. endure, permanently half slave speech, Douglas castigated Lincoln’s controversy over slavery. and half free. I do not expect the “House Divided” speech and touted for 30 minutes. With the first debate and avenues leading from the country Four years later, Douglas returned ‘House Divided’ Union to be dissolved — I do not his own platform of popular sover- scheduled for August 21 in Ottawa, were so enveloped with dust that the to popular sovereignty when ad- Two years after passage of the expect the house to fall — but I eignty. Lincoln, he said, wanted to the candidates went back on the town resembled a vast smoke house.” dressing the question of the Nebraska Kansas-Nebraska Act, the Republican do expect it will cease to be di- impose uniformity throughout the road, and the press began to prepare. Military bands with huge brass tubas Territory. He introduced a bill in the Party in Philadelphia held its first na- vided. It will become all one country, perhaps by war. He con- On August 10, a leading newspa- surrounded the courthouse and the Senate to repeal the Missouri Com- tional convention. It nominated as its thing or all the other. trasted Lincoln’s position to his belief per in Richmond, Va., proclaimed, public square. Peddlers were hawking promise, split the Nebraska territory 1856 presidential candidate Califor- Many of Lincoln’s supporters dis- in “the great principle of the Kansas- “The great battle of the next Presi- their wares, and huge amounts of food in two (the southern one to be called nia’s John C. Fremont, who strongly approved of the “House Divided” Nebraska Bill, the right of the people dential election is now being fought were served at long tables by a local Kansas), and leave the decision on opposed extending slavery outside speech, fearing that it would be in- to decide for themselves.” in Illinois.” Even before the debates committee. For many people going to whether slavery would be allowed to the South. In Illinois, the Republican terpreted as a threat to make war on Lincoln responded the next began, the press recognized that the political gatherings was a form of won- the inhabitants of the territories. Party was just gathering strength. the Southern states and would alien- evening, speaking from the same bal- contest between Douglas and Lincoln derful — and free — entertainment. After long and acrimonious debates, Lincoln attended the party’s first con- ate voters who might otherwise have cony. Answering Douglas’ criticism would interest people around the Thousands of people flocked to the de- the bill passed Congress in May 1854 vention in Bloomington and worked voted for Lincoln. And indeed the of his “House Divided” speech, Lin- country. Reporters from as far away bates to hear the “Little Giant” and and became known as the Kansas- on Fremont’s during his unsuccessful “House Divided” speech became a coln said that prior to the Kansas-Ne- as New York and Oregon came to Illi- “Honest Abe” speak. Nebraska Act. presidential campaign. Lincoln’s tire- key point in the campaign. braska Act, the country had nois to cover the debates. Two papers The new law polarized the nation less work and his fervent opposition Unlike today, U.S. senators were “endured” being half slave and half took an unusual step and decided to Is Slavery Morally Wrong? along North-South lines. Once active to the spread of slavery attracted not popularly elected. The state leg- free because the public had believed publish verbatim transcripts of the Senator Douglas spoke first in the in both the North and South, the many Republican activists. They saw islature selected the U.S. senators. that slavery ultimately would disap- debates. The Chicago Times (a pro- Ottawa debate. Not surprisingly, he Whig Party lay in ruins. Many Whigs Lincoln as a worthy opponent of Thus, in a campaign for Senate, each pear. But the Kansas-Nebraska-Act Democratic paper) and the Chicago went right to the slavery issue and ac- in the North joined the new Republi- Douglas in Illinois’ upcoming elec- party tried to win a majority of seats had undermined this belief by per- Press and Tribune (a pro-Republican cused Lincoln of being an abolitionist can Party, formed in opposition to the tion for the Senate. in the state legislature. mitting slavery to spread where it had paper) both hired reporters (then whose beliefs would result in sepa- Kansas-Nebraska Act. When the Illinois Republican previously been banned. called “phonographers”) to record rating the Union. Lincoln and his Douglas came under attack as hav- Party met in June 1858 in Springfield, Agreement to Debate During July, the Douglas cam- the entire debates in shorthand. The party, Douglas claimed, “are trying to ing opened all unorganized territories the delegates nominated Lincoln for Lincoln faced a formidable oppo- paign seemed to be winning. Lincoln shorthand transcripts would be array all the Northern states in one to slavery and placing the country the Senate. In his acceptance speech, nent in Douglas. Standing 5 feet 4 often followed Douglas from town to rushed by train back to Chicago, ed- body against the South, to excite a under the “yoke of slaveholding des- Lincoln spoke for 35 minutes and inches tall and often called the “Little town and spoke after the senator’s ited, and published, often the very sectional war between the free states potism.” Douglas denied opponents’ closed by warning of the danger Dou- Giant,” Douglas was one of the best- rallies. The pro-Douglas press said next day. and the slave states.” claims that he was opening up the glas posed if he were re-elected to the known politicians in the country. After that following Douglas around was As the reporters were preparing, so Douglas based his accusation on whole country to slavery. Writing to a serving in the Illinois legislature and the only way Lincoln could attract a too were the towns where the debates Lincoln’s “House Divided” speech. New Hampshire newspaper, he said, Thousands of in the U.S. House of Representatives, crowd. Worried that he was behind, were scheduled to take place. One cor- Why, Douglas asked, should the “Why do they not state the matter he was elected to the U.S. Senate in Lincoln challenged Douglas to a se- respondent from New York wrote, “The Union not continue to exist, half truly and say that it opens the country people ocked to the 1846 and was re-elected in 1852. As ries of debates. Douglas agreed to de- prairies are on fire.” On August 21 in Ot- slave and half free, as it had for 70 to freedom by leaving people perfectly author of the Kansas-Nebraska Act bate in towns in seven different tawa, the town overflowed with people years, and as the founders had in- free to do as they please.” debates to hear the and a supporter of limited govern- districts. The candidates decided to from surrounding communities and tended? Douglas repeated his own While Douglas was championing ment, Douglas drew strong support speak on an alternating basis: one counties. People came by foot, on commitment to popular sovereignty, the Kansas-Nebraska Act in Congress, ‘Little Giant’ and from Southern Democrats and their man would speak for 60 minutes; the horseback, in wagons, by railroad, and letting the people decide whether to lawyer Abraham Lincoln was out of sympathizers, including many De- other would reply for 90 minutes; by boat. At eight o’clock in the morn- allow slavery in their territory or the political arena. As a member of ‘Honest Abe’ speak. mocrats who lived in central and and the first speaker would conclude ing, one reporter wrote, “The streets state. Douglas claimed although he

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bria_29_3.indd 3 3/17/14 9:34 AM bria_29_3:Layout 1 3/14/2014 6:41 PM Page 4 bria_29_3:Layout 1 3/14/2014 6:41 PM Page 5 iiei Commons Wikimedia 1860 Presidential Election “Mr. Lincoln has made for himself a threshold of the White House, but candidate), and he won the electoral Electoral College Results Among other things, the court in Dred Scott ruled that the federal gov- reputation as a great statesmen and only one could enter.” college vote. He was not on the ballot ernment did not have the power to popular debater, as extensive as the Douglas ultimately got the nomi- in many Southern states and won ban slavery in territories. Lincoln country itself.” Lincoln’s reputation nation of the Democratic Party for none of them. Before his inauguration, asked Douglas: continued to rise as he accepted invi- president. But the party split when seven Southern states declared they Can the people of a United States tations to speak from Republican delegates to the convention refused to were seceding from the Union. Territory, in any lawful way, committees and candidates both in adopt a resolution allowing slavery in against the wish of any citizen of the Eastern states and in the West. territories even if residents voted DISCUSSION & WRITING the United States, exclude slavery against it. Many delegates walked out, 1. Why did the admission of new from its limits prior to the forma- The Election of 1860 formed the Southern Democratic states to the Union divide the Lincoln (180) tion of a State Constitution? After Lincoln spoke in Ohio in the Party, and selected John C. Breckin- North and South? Prior to the Douglas (12) According to the Supreme Court’s fall of 1859, the Republican Party ridge of Kentucky as their nominee for Civil War, what compromises did Breckinridge (72) decision in Dred Scott, the answer committee helped publish a book president. Yet another party formed, Congress make on admitting new Bell (39) was no. But Douglas responded: containing newspaper accounts of all the Constitutional Union Party, for states? I answer emphatically, as Mr. Lin- the debates. Printed before the na- those who could not support the De- 2. Who was Stephen Douglas? Why coln has heard me answer a hun- tional convention in May 1860, it be- mocrats or Republicans. It also nomi- was he important? What did he dred times from every stump in came a best-seller, bringing Lincoln nated a candidate for president. believe about slavery? How did Illinois, that in my opinion the even further into the spotlight. Some The Lincoln-Douglas debates had his view of slavery differ from believed blacks to be inferior, he did man, like the white man, has “the people of a Territory can, by law- historians believe it helped secure his helped Lincoln garner the Republican Lincoln’s? not believe they necessarily should right to eat the bread, without leave ful means, exclude slavery from nomination for president. In the presidential nomination. They had also 3. What were the Lincoln-Douglas be slaves. That decision, he said, was of anybody else, which his own hand their limits prior to the formation words of historian Don E. Fehren- helped splinter the Democratic Party. debates? In your opinion, who one for the people in each state or earns.” of a State Constitution. bacher, “The momentum gathered in In the election of 1860, Republican won the debates? Explain. Why territory to decide. At all the debates, Douglas re- their contest for a Senate seat carried Abraham Lincoln carried 39 percent of were the debates important? In short, Douglas answered that both Lincoln and Douglas to the the popular vote (more than any other Lincoln responded by denying that fused to take a position on whether popular sovereignty trumped the he had ever intended to cause a war slavery was wrong. If new territories Supreme Court’s decision. His an- ACTIVITY between the North and the South. His were acquired, Douglas believed that swer became known as the Freeport main intent, he said, was to shine a should happen “without reference” Doctrine, and it cost him support What Would Lincoln Say? light on those (like Douglas) who by to slavery. Lincoln responded by em- among Southern Democrats. Many of In this activity, students read statements made by Douglas in the debates, discuss how Lincoln would respond, passing the Kansas-Nebraska Act were phasizing his strong belief that slav- them viewed it as a betrayal. and create responses to each statement. trying to encourage the spread of slav- ery is morally wrong. In one of the ery — “to make it perpetual and uni- later debates, Lincoln identified this Who Won? Form pairs. Assign each pair Statement A or Statement B. Each group should: a. Read your assigned statement by Douglas. versal.” My goal, he said, “is to arrest as the primary difference between The last of the seven debates took b. Consulting the article, discuss how Lincoln might have responded to the statement. the further spread of [slavery] and Republicans and Democrats and be- place on October 15 in Alton, located c. Write a response that reflects Lincoln’s thinking. place it where the public mind shall tween Douglas and himself. Douglas, on the . After the de- d. Be prepared to present your response to the class and explain why you think Lincoln might have answered in rest in the belief that it is in the course Lincoln said, won’t acknowledge the bate, a correspondent for the New this manner. of ultimate extinction.” conflict between slavery and liberty, York Tribune predicted Lincoln would Lincoln was more equivocal on and “every sentiment he utters dis- be the next senator: “Mr. Lincoln is Statement A of Douglas: the issue of black inferiority. Douglas cards the idea that there is any wrong as sure to be successor of Mr. Dou- Douglas: Mr. Lincoln . . . says that this Government cannot endure permanently in the same condition in which it had stated clearly that he believed in Slavery.” The “Little Giant” and glas in the Senate of the United States was made by its framers — divided into free and slave States. He says that it has existed for about seventy years thus that “the Negro is our inferior.” Lin- the Democrats, Lincoln said, “don’t as there is a sun in the Heavens . . . .” divided, and yet he tells you that it cannot endure permanently on the same principles and in the same relative con- coln did not disagree. “There is a care whether Slavery is voted up or And indeed, when the votes were dition in which our fathers made it. Why can it not exist divided into free and slave States? Washington, Jefferson, physical difference between the two down,” whereas he belongs “to that counted after Election Day on No- Franklin, Madison, Hamilton, Jay, and the great men of that day, made this Government divided into free States and [races], which in my judgment will class in the country who contemplate vember 2, the Republican candidates slave States, and left each State perfectly free to do as it pleased on the subject of slavery. Why can it not exist on probably forbid their living together slavery as a moral, social and politi- supporting Lincoln won more votes the same principles on which our fathers made it? upon the footing of perfect equality.” cal evil . . . .” For Lincoln, Douglas’ in total than did the Democratic can- Statement B of Douglas: And he added that, “I . . . am in favor belief in “popular sovereignty” didates supporting Douglas. But more of the race to which I belong, having proved that he did not believe slavery Democratic candidates won their Douglas: He [Lincoln] tells you that I will not argue the question whether slavery is right or wrong. I tell you why the superior position.” But, he con- was morally wrong. races, and the legislature selected I will not do it. I hold that under the Constitution of the United States, each State of this Union has a right to do as tinued, “there is no reason in the Douglas as senator. it pleases on the subject of slavery. In Illinois we have exercised that sovereign right by prohibiting slavery within world why the Negro is not entitled The Freeport Doctrine Lincoln wrote to a friend that he our own limits. I approve of that line of policy. We have performed our whole duty in Illinois. We have gone as far to all the natural rights enumerated At the second debate at Freeport, will now “sink out of view and shall as we have a right to go under the Constitution of our common country. It is none of our business whether slavery in the Declaration of Independence, Lincoln forced Douglas to choose be- be forgotten.” That did not happen, exists in Missouri or not. Missouri is a sovereign State of this Union, and has the same right to decide the slavery the right to life, liberty and the pur- tween his belief in popular sover- because Lincoln’s performance in question for herself that Illinois has to decide it for herself. Hence I do not choose to occupy the time allotted to me suit of happiness. I hold that he is as eignty and a highly controversial, the debates had gained him a na- in discussing a question that we have no right to act upon. much entitled to these as the white pro-slavery ruling by the U.S. Supreme tional reputation. In December, a Note: Lincoln and Douglas debated seven times and repeated themselves often in the debates. For examples of how Lincoln re- Court in Dred Scott v. Sanford. man.” And he insisted, the black Pennsylvania newspaper declared, sponded to these statements, see http://www.crf-usa.org/lincoln-douglas-debate.htm.

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But the party split when seven Southern states declared they Can the people of a United States tations to speak from Republican delegates to the convention refused to were seceding from the Union. Territory, in any lawful way, committees and candidates both in adopt a resolution allowing slavery in against the wish of any citizen of the Eastern states and in the West. territories even if residents voted DISCUSSION & WRITING the United States, exclude slavery against it. Many delegates walked out, 1. Why did the admission of new from its limits prior to the forma- The Election of 1860 formed the Southern Democratic states to the Union divide the Lincoln (180) tion of a State Constitution? After Lincoln spoke in Ohio in the Party, and selected John C. Breckin- North and South? Prior to the Douglas (12) According to the Supreme Court’s fall of 1859, the Republican Party ridge of Kentucky as their nominee for Civil War, what compromises did Breckinridge (72) decision in Dred Scott, the answer committee helped publish a book president. Yet another party formed, Congress make on admitting new Bell (39) was no. But Douglas responded: containing newspaper accounts of all the Constitutional Union Party, for states? I answer emphatically, as Mr. Lin- the debates. Printed before the na- those who could not support the De- 2. Who was Stephen Douglas? Why coln has heard me answer a hun- tional convention in May 1860, it be- mocrats or Republicans. It also nomi- was he important? What did he dred times from every stump in came a best-seller, bringing Lincoln nated a candidate for president. believe about slavery? How did Illinois, that in my opinion the even further into the spotlight. Some The Lincoln-Douglas debates had his view of slavery differ from believed blacks to be inferior, he did man, like the white man, has “the people of a Territory can, by law- historians believe it helped secure his helped Lincoln garner the Republican Lincoln’s? not believe they necessarily should right to eat the bread, without leave ful means, exclude slavery from nomination for president. In the presidential nomination. They had also 3. What were the Lincoln-Douglas be slaves. That decision, he said, was of anybody else, which his own hand their limits prior to the formation words of historian Don E. Fehren- helped splinter the Democratic Party. debates? In your opinion, who one for the people in each state or earns.” of a State Constitution. bacher, “The momentum gathered in In the election of 1860, Republican won the debates? Explain. Why territory to decide. At all the debates, Douglas re- their contest for a Senate seat carried Abraham Lincoln carried 39 percent of were the debates important? In short, Douglas answered that both Lincoln and Douglas to the the popular vote (more than any other Lincoln responded by denying that fused to take a position on whether popular sovereignty trumped the he had ever intended to cause a war slavery was wrong. If new territories Supreme Court’s decision. His an- ACTIVITY between the North and the South. His were acquired, Douglas believed that swer became known as the Freeport main intent, he said, was to shine a should happen “without reference” Doctrine, and it cost him support What Would Lincoln Say? light on those (like Douglas) who by to slavery. Lincoln responded by em- among Southern Democrats. Many of In this activity, students read statements made by Douglas in the debates, discuss how Lincoln would respond, passing the Kansas-Nebraska Act were phasizing his strong belief that slav- them viewed it as a betrayal. and create responses to each statement. trying to encourage the spread of slav- ery is morally wrong. In one of the ery — “to make it perpetual and uni- later debates, Lincoln identified this Who Won? Form pairs. Assign each pair Statement A or Statement B. Each group should: a. Read your assigned statement by Douglas. versal.” My goal, he said, “is to arrest as the primary difference between The last of the seven debates took b. Consulting the article, discuss how Lincoln might have responded to the statement. the further spread of [slavery] and Republicans and Democrats and be- place on October 15 in Alton, located c. Write a response that reflects Lincoln’s thinking. place it where the public mind shall tween Douglas and himself. Douglas, on the Mississippi River. After the de- d. Be prepared to present your response to the class and explain why you think Lincoln might have answered in rest in the belief that it is in the course Lincoln said, won’t acknowledge the bate, a correspondent for the New this manner. of ultimate extinction.” conflict between slavery and liberty, York Tribune predicted Lincoln would Lincoln was more equivocal on and “every sentiment he utters dis- be the next senator: “Mr. Lincoln is Statement A of Douglas: the issue of black inferiority. Douglas cards the idea that there is any wrong as sure to be successor of Mr. Dou- Douglas: Mr. Lincoln . . . says that this Government cannot endure permanently in the same condition in which it had stated clearly that he believed in Slavery.” The “Little Giant” and glas in the Senate of the United States was made by its framers — divided into free and slave States. He says that it has existed for about seventy years thus that “the Negro is our inferior.” Lin- the Democrats, Lincoln said, “don’t as there is a sun in the Heavens . . . .” divided, and yet he tells you that it cannot endure permanently on the same principles and in the same relative con- coln did not disagree. “There is a care whether Slavery is voted up or And indeed, when the votes were dition in which our fathers made it. Why can it not exist divided into free and slave States? Washington, Jefferson, physical difference between the two down,” whereas he belongs “to that counted after Election Day on No- Franklin, Madison, Hamilton, Jay, and the great men of that day, made this Government divided into free States and [races], which in my judgment will class in the country who contemplate vember 2, the Republican candidates slave States, and left each State perfectly free to do as it pleased on the subject of slavery. Why can it not exist on probably forbid their living together slavery as a moral, social and politi- supporting Lincoln won more votes the same principles on which our fathers made it? upon the footing of perfect equality.” cal evil . . . .” For Lincoln, Douglas’ in total than did the Democratic can- Statement B of Douglas: And he added that, “I . . . am in favor belief in “popular sovereignty” didates supporting Douglas. But more of the race to which I belong, having proved that he did not believe slavery Democratic candidates won their Douglas: He [Lincoln] tells you that I will not argue the question whether slavery is right or wrong. I tell you why the superior position.” But, he con- was morally wrong. races, and the legislature selected I will not do it. I hold that under the Constitution of the United States, each State of this Union has a right to do as tinued, “there is no reason in the Douglas as senator. it pleases on the subject of slavery. In Illinois we have exercised that sovereign right by prohibiting slavery within world why the Negro is not entitled The Freeport Doctrine Lincoln wrote to a friend that he our own limits. I approve of that line of policy. We have performed our whole duty in Illinois. We have gone as far to all the natural rights enumerated At the second debate at Freeport, will now “sink out of view and shall as we have a right to go under the Constitution of our common country. It is none of our business whether slavery in the Declaration of Independence, Lincoln forced Douglas to choose be- be forgotten.” That did not happen, exists in Missouri or not. Missouri is a sovereign State of this Union, and has the same right to decide the slavery the right to life, liberty and the pur- tween his belief in popular sover- because Lincoln’s performance in question for herself that Illinois has to decide it for herself. Hence I do not choose to occupy the time allotted to me suit of happiness. I hold that he is as eignty and a highly controversial, the debates had gained him a na- in discussing a question that we have no right to act upon. much entitled to these as the white pro-slavery ruling by the U.S. Supreme tional reputation. In December, a Note: Lincoln and Douglas debated seven times and repeated themselves often in the debates. For examples of how Lincoln re- Court in Dred Scott v. Sanford. man.” And he insisted, the black Pennsylvania newspaper declared, sponded to these statements, see http://www.crf-usa.org/lincoln-douglas-debate.htm.

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Sources Standards The case also affected the futures The Ongoing Debate DISCUSSION & WRITING of the younger plaintiffs. Ellery Lincoln-Douglas Debates Lincoln-Douglas Debates The Abington case informs our 1. Was either Ellery Schempp’s National High School U.S. History Standard 11: Understands the extension, restriction, and Schempp made a career as a scientist Guelzo, Allen C. Lincoln and Douglas: The Debates current national discourse on religious protest or William J. Murray III’s That Defined America. NY: Simon & Schuster, 2008. · reorganization of political democracy after 1800. (2) Understands the positions of north- at General Electric. He remained a life- freedom. The debate about whether the protest in school more effective Jaffa, Harry V. Crisis of the House Divided: An Inter- ern antislavery advocates and southern proslavery spokesmen on a variety of issues long Unitarian Universalist (UU) and Bible can ever be used in schools is part than the other, or were neither of pretation of the Issues in the Lincoln-Douglas Debates. (e.g., . . . Lincoln-Douglas debates). currently sits on the advisory board of Chicago: U of Chicago, 2009. · Johannsen, Robert W. California History-Social Science Standard 8.9: Students analyze the early and steady at- of an ongoing debate between liberal them effective? Give reasons to tempts to abolish slavery and to realize the ideals of the Declaration of Independence. (5) the Secular Coalition for America, a The Lincoln-Douglas Debates of 1858. S.l.: OUP, 1965. and conservative groups. The liberal support your answer. · Lincoln, Abraham, Stephen A. Douglas, and Harold Analyze the signi¨cance of . . . the Missouri Compromise (1820), . . . the Compro- non-profit advocacy organization for position is generally “separationist,” 2. What do you think the establish- Holzer. The Lincoln-Douglas Debates: The First Com- mise of 1850, . . . the Kansas-Nebraska Act (1854), the Dred Scott v. Sandford deci- non-theists. (The UU denomination which seeks to limit schools’ use of the ment clause means when it states plete, Unexpurgated Text. NY: Fordham UP, 2004. · sion (1857), and the Lincoln-Douglas debates (1858). places no judgment on whether an ad- Bible according to the “separation of that Congress shall not make any Wiese, Jeffrey, and Stan Lewis. Lincoln-Douglas Debate: Common Core Standard RH.11B12.6: Evaluate authors= differing points of view on the same herent believes in God.) Values in Conflict. Topeka, Kan.: Clark Pub., 2000. historical event or issue by assessing the authors= claims, reasoning, and evidence. church and state.” The conservative po- law “respecting” the establish- Common Core Standard RH.11B12.8: Evaluate an author=s premises, claims, and evidence by William J. O’Hair III, on the other sition is generally “accommodationist,” ment of religion? Would other Mahdi corroborating or challenging them with other information. hand, did not retain his youthful be- utler, Daniel Allen. The First Jihad: The Battle for Khar- which seeks to accommodate, or to words make its purpose clearer? Mahdi liefs. In 1980, he announced his con- allow, the practice of students’ and even If so, what words would you toum and the Dawn of Militant Islam. Philadelphia, Pa.: Casemate, 2007. · Chamberlain, M. E. The Scram- National High School World History Standard 36: Understands patterns of global change in version from atheism to Christianity the era of Western military and economic dominance from 1800 to 1914. (3) Understands the teachers’ religious beliefs as much as choose, and why? ble for Africa. 2nd ed. London: Longman, 1999. · in©uence of European imperial expansion on political and social facets of African and and soon became a Baptist minister. possible. Both sides base their argu- 3. In his majority opinion, Justice Churchill, Winston. The River War: An Account of the Indian society (e.g., . . . the major chain of events in Europe and Africa that led to the For this act, his mother publicly de- Reconquest of Sudan. Rockville, Md.: Wildside P, 2005 ments on the First Amendment. Clark addressed Stewart’s concern “scramble” for African territory, and the role of particular African governments or [from 1902 abridged ed.]. · Pakenham, Thomas. The nounced him, calling his conversion The arguments offered on both about the “religion of secularism.” peoples in the partition of Africa by the Europeans . . . . (6) Understands economic, so- Scramble for Africa: White Man’s Conquests of the Dark “beyond human forgiveness.” In cial and religious in©uences on African society (e.g., . . . how and why slavery and the sides in the Abington case reflect the “[T]he State,” wrote Clark, “may Continent from 1876 to 1912. NY: Avon Books, 1992. · slave trade ©ourished in both West and East Africa . . .). (7) Understands African resist- 1982, he founded the Religious Free- separationist and accommodationist not establish a ‘religion of secular- Shaked, Haim. The Life of the Sudanese Mahdi. New ance movements against the British during the period of European imperial expansion dom Coalition, a conservative non- Brunswick, N.J.: Transaction Books, 1978. · “Sudan, perspectives offered in courts and the ism’ in the sense of affirmatively (e.g., the nature of the Sudanese resistance to the British, as well as the general success Republic of the Sudan.” The World Almanac and Book profit advocacy organization, and media today. Whenever a school dis- opposing or showing hostility to of Mahdi Muhammad Ahmed and the Mahdi uprising against British imperialism). published an autobiography, My Life of Facts. NY: World Almanac Books, 2013. · Warner, trict’s policy or a state’s law addresses religion. . . . We do not agree, how- Philip. Dervish: The Rise and Fall of an African Empire. California History-Social Science Standard 10.4: Students analyze patterns of global change Without God that details his disillu- prayer or Bible-reading issues, the ar- ever, that this decision in any sense London: MacDonald, 1973. ·___. Kitchener: The Man in the era of New Imperialism in a least two of the following regions or countries: Africa . . . . sionment with atheism. Behind the Legend. NY: Atheneum, 1986. ·Wikipedia. (2) Discuss the locations of the colonial rule of such nations as England . . . . (3) Ex- guments Justice Clark and Justice has that effect.” Do you agree? plain imperialism from the perspective of the colonizers and the colonized and the Stewart made long ago appear again. Why or why not? articles titled “Berlin Conference” and “Mahdist War.” URL: http://en.wikipedia.org varied immediate and long-term responses by the people under colonial rules. (4) Describe the independence struggles of the colonized regions of the world, including Bible Readings the role of leaders . . . . and the roles of ideology and religion. ACTIVITY Abington School District v. Schempp. 374 U.S. 203 Common Core Standard WHST.11B12.7: Conduct short as well as more sustained research (1963). ·“About RFC.” Religious Freedom Coalition. projects to answer a question . . . synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation. Theories of the First Amendment Web. 22 Apr 2013. URL: www.religiousfreedomcoali- Justice Clark’s opinion in Abington School District v. Schempp reflects the Supreme Court’s theory that the gov- tion.org/about/ · Abraham, Henry Julian, and Barbara A. Perry. Freedom and the Court. UP of Kansas, 2003. · Bible Readings ernment should remain neutral, or have no preference, in religious matters. The major theories followed by differ- French, Kimberly. “A Victory for the Heretics.” UU World. National High School Civics Standard 25: Understands issues regarding personal, political, and economic rights. (1) Understands the importance to individuals and to society of ent justices on the Supreme Court today are as follows: 01 Jan 2003: Web. 22 Apr. 2013. URL: personal rights . . . . (5) Knows major documentary sources of personal, political, www.uuworld.org/ideas/articles/3063.shtml · Kim, Sev- Strict separation. This theory holds that government and religion should be separate as much as possible. The gov- and economic rights such as . . . court decisions . . . . (6) Understands how per- erson. “Mississippi Tells Public Schools to Develop Poli- sonal, political, and economic rights are secured by constitutional government and ernment’s laws and policies should be secular, and religion is a private matter for individuals. cies Allowing Prayers.” NY Times. 16 Mar 2013. · by such means as the rule of law, checks and balances, an independent judiciary, Schempp, Ellery. Interview by Liane Hansen. Discov- Accommodation. This theory maintains that government should accommodate, or make exceptions for, private re- and a vigilant citizenry ligious beliefs and practices as much as possible. It also means that government should recognize the importance of ering the Man Behind a Boy’s Protest. 02 Sep 2007. Na- tional Public Radio. URL: www.npr.org/templates/ National High School U.S. History Standard 29: Understands the struggle for racial and gen- religion in our nation’s history, laws, and society. story/story.php?storyId=14124191. der equality and for the extension of civil liberties. (3) Understands how various Warren Neutrality. This theory asserts that government should simply have no preference for one religion over any other, Court decisions in©uenced society (e.g., . . . the effectiveness of the judiciary in pro- moting civil liberties . . . .). and no preference for either religion in general or secularism (non-religion) in general. Some justices support an en- National High School U.S. History Standard 31: Understands economic, social, and cultural dorsement test for neutrality, that government must not be seen as “endorsing” any religion, religion in general, or Visit us online: developments in the contemporary United States. (3) Understands how the rise of reli- secularism.Imagine you are a Supreme Court justice. In small groups, do the following: gious groups and movements in©uenced political issues in contemporary American www.crf-usa.org society (e.g., . . . how Supreme Court decisions since 1968 have affected the mean- 1. Analyze and discuss the set of facts below with your fellow justices. ing and practice of religious freedom) 2. Answer the question presented from the perspective of strict separation, accommodation, and neutrality theory. Common Core Standard SL.11B12.4: Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reason- 3. Discuss and decide which of the three theories your group supports and what decision your group would make ing, alternative or opposing perspectives are addressed, and the organization, development, based upon that theory. Be prepared to report your decisions and the reasons for them. If any members disagree facebook.com/ substance, and style are appropriate to purpose, audience, and a range of formal and infor- with the majority, they may report their dissenting opinion. ConstitutionalRightsFoundation mal tasks. Facts: A school district in the hypothetical city of Bookville, USA, has chosen to create a new elective course called Standards reprinted with permission: National Standards © 2000 McREL, Mid-continent Research for Education and Learning, 2550 S. Studying the Bible. The course’s purpose is to teach students “biblical literacy” in order to understand contempo- twitter.com/crfusa Parker Road, Ste. 500, Aurora, CO 80014, (303)337.0990. rary American society and culture, including American literature, music, and public policy. The course will include California Standards copyrighted by the California Dept. of Education, P.O. Box 271, Sacramento, teacher-led study of the Hebrew Scriptures (aka Old Testament) and the New Testament so that students will be fa- CA 95812. miliar with the people, events, literary style, and influence of the Bible. The course will also include discussion about plus.google.com/+Crf-usaOrg/posts the moral lessons included in the Bible. Question presented: Does the Studying the Bible course violate the establishment clause of the First Amendment?

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