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An Analysis Of The Debate In American Civil War

Posted on:2016-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:S N HuangFull Text:PDF
GTID:2296330479987887Subject:Legal history
Abstract/Summary:PDF Full Text Request
American civil war is one of the most important American historical events which, is caused by long-term irreconcilable regional difference and many unsolved problems. As early as the late eighteenth Century and early nineteenth Century, because of the massive influx of immigrants, the north had started the reform trend of thought. Economic and technology got rapid development and the concept of free labor had been formed. However, the south was almost irresistible to reform. They treated slave as mainly labor, agriculture as mainly industry. The ancient and stable social rule had continued. With the America territory of westward expansion in the 19 th century, both sides wanted to set up their own rules to the new territories. It caused the outbreak of the conflict. The conflict between south and north began in the economic imbalance, the south considered that the north used unfair legislation to rob their own interests. The southern states considered that they have the right to undo the injustice act; Increasingly dissatisfied and insecure with the federal law in the federal caused the south for promoting themselves to leave the federal. From the beginning to the end, both side involved in a long and extensive debate including economy, politics, constitution, slavery and other multiple issues, in order to prove the legitimacy of their society; both sides tried to seek support from history, law, natural etc. But they cannot find a mutually acceptable solution. The debate mainly includes three aspects: 1.division and unity; 2.abolition of slavery; 3.the concept of equality and freedom.Firstly, the south began to threaten to leave the union, both sides debated on the issue of division and unity again. The south considered that the constitution is a contract in nature, and the parties have the right to sign or quit the contract. Even as under the rules of constitution, the constitution also provided the southern states of various rights, including the minority can against the unfair treatment took by the majority. Furthermore, through the principle of Sanctity of Contracts, the north violated the constitutional provisions of fugitive through the legislation or judiciary. This was a behavior breaking the contract deliberately, then the slave states had been freed from the constraints of the contract. The south had a complete logic to support their points, driving from Madison’s “Intervention”(states have the right to intervene in the unconstitutional acts), developed into “Nullification”(the states have the right to declare invalid unconstitutional Act in the state), finally, used this right to the extreme in the separation convention of South Carolina, the exercise of “Secession”. The north considered that the priority of country is higher than the states. The states are no longer completely independent after joining the federal. It is more like an organic of federal and work under the same constitution. The federal should be kept forever. Although the constitution does not expressly provide, it certainly implies such meaning. The concept of nationalism overbear than all the other factors. It became a major consideration for Lincoln making decisions. In his inaugural address, he could compromise on slavery, and he declared that he would respect the constitution and does not interfere with existing slavery. But in the problem of division, he demonstrated he would never give up, he would maintain the federal regarded as the top priority. This emotion of nationalism was rendered by Lincoln’s several speeches, especially during the war, with the expansion of the executive power, the nationalism was further spread. There is no word in the test of constitution says that the country will not be separated or should be kept forever, but the hidden meaning of the constitution was fully revealed and reiterated after the debate of separation had been terminated.Secondly, although the historians didn’t regard the problem of slavery as the key of the war any more, it was still a hot issue about American civil war, both sides spent a lot of time and enthusiasm on that. The south demonstrated the necessity and inevitability of slavery from the natural, historical, legal and other multi angles and denied the plight of slaves meanwhile. They considered that the living condition of the most slaves in the south is the best for the black already. Of course, the most important is that, in 1787, when the framers of the constitution affirmed the existence of slavery, and removed the right of the government to intervene the slavery. However, In the north, the tide of reform formed a various anti-slavery groups. They accused the evil of slavery and appealed for permanently abolished. Coupled with the fact that the vigorous development of the concept of free labor, it caused more and more people in the north are intolerable the forced labor system and finally rose to the political reactions. After that, major political parties began to respond to the issue of slavery from limited slavery expansion to the complete abolition of slavery. The constitution is an obstacle to the abolition of slavery at first, slavery was protected under the Constitution, but since the outbreak of the war, the states couldn’t ask the constitution for protection any more. Constitutional issues about slavery changed, the slavery became a different concept. In the constitutional view, Emancipation Proclamation issued by Lincoln was an effective way to weak the enemy’s combat ability, but it was not enough for freedom or equality of black people, after that, Lincoln began to develop the amendment of constitution, In January 31 st, 1865, the Thirteenth Amendment to the United States was able to barely passed. The amendment abolished slavery, breaking the constitutional provision of property: No slaveholder will be compensated for the liberation of the slaves. It executed the power which the congress was not authorized to, and also violated the oath of Lincoln: He promised he would not touch the benefits of slaveholders who are loyal to the federal. In a word, the amendment is a major change for basic law.Thirdly, the foundation of the debate was the concept of equality and freedom in America. Both sides believed that they have inherited from the founders of the revolutionary heritage, and carried out their duties. The southern states explained their behavior equating to Washington against George III and claimed that the spirit of freedom and independence made fathers leaving England and the same spirit would lead the southern to leaving the federal. In the Gettysburg speech of Lincoln, he created a New Birth of Freedom. He leaded the freedom of this country into a broad and open concept, fanatical abolitionists began to believe that slavery and freedom is contrary and the slavery should be abolished without any excuse. Southern insisted the doctrine of White Supremacist, the so-called equality exists only among whites. At the same time, the south also challenged the ideas in < Declaration of Independence>. They considered that life is not equal and freedom. The north began to phase out the isolation for blacks and they wanted everyone to see that no difference between blacks with whites, blacks should be on an equal status, and fulfill the promise the country made. The north tried to maintain the federal as noble, the revolution was not only trying to stop the existence of slavery, they wanted to keep fighting until the spirit of the declaration of independence had achieved the goal and the United States became a beacon of freedom around the world. The constitution,as the federal basic law, the highest law, is respected by both sides among the arguments cited in the debate. Both sides tried to find out points to support in favor of its own, but confined to specific historical circumstances when the constitution framed and restricted to the text, it is difficult to obtain other’s identity according to the reference of the Constitution. Even the US constitution was sacred, people involved in the debate had to admit that the constitution is not perfect, the conflict which cannot be resolved by language ultimately settled through a long and bitter war. The hidden meanings of the Constitution were revealed cleaner, according to the way of amendment, slavery was abandoned, the great constitution would never endorse the cruel slavery no more.According to radical words from both sides, the emotion is the decisive factor of the war. They felt the threat on their own social interest and maintenance from each other, in order to avoid the collapse of the concepts they cherished, both sides failed to reach a compromise of the debate by language, but took a war which sacrificed more than 600,000 people.
Keywords/Search Tags:the American civil war, secession, slavery, debate
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