& Corporal Ira Clark: Now that white people have accustomed themselves to seeing Negro men with guns fighting on their behalf, and now that they can tolerate Negro soldiers getting equal pay maybe in a few years, they can abide the idea of Negro lieutenants and captains. In fifty years, maybe a Negro colonel. In a hundred years, the vote...
& Seward: Madame. If the Rebels surrendered next week would you, at the end of this month want Congressman Burton to vote for the 13th Amendment?
Mrs. Jolly: If that was how it was, no more war and all I reckon Mr. Jolly much prefer not to have Congress pass the amendment.
Seward: Hmm. And, uh why is that?
Mrs. Jolly: Niggers. If he don’t have to let some Alabama coon come up to Missouri steal his chickens and his job, we’d much prefer that.
& Lincoln: I decided that the Constitution gives me war powers but no one knows just exactly what those powers are. Some say they don’t exist. I don’t know. I decided I needed them to exist to uphold my oath to protect the Constitution. Which I decided meant I could take the Rebels’ slaves from them as property confiscated in war. That might recommend to suspicion that I agree with the Rebs that their slaves are property in the first place. Of course, I don’t. Never have. I’m glad to see any man free, and if calling a man property or war contraband does the trick, why I caught at the opportunity.
Now here’s where it gets truly slippery. I use the law allowing for the seizure of property in a war knowing it applies only to the property of governments and citizens of belligerent nations. Well, the South ain’t a nation. That’s why I can’t negotiate with them. So if, in fact, the Negroes are property, according to the law, have I the right to take the Rebels’ property from them, if I insist they’re rebels only and not citizens of a belligerent country?
And slipperier still, I maintain it ain’t our actual Southern states in rebellion but only the rebels living in those states, the laws of which states remain in force. “The laws of which states remain in force.” That means that since it’s states’ laws that determine whether Negroes can be sold as slaves, as property, the federal government doesn’t have a say in that. At least not yet.
Then Negroes in those states are slaves, hence property, hence my war powers allow me to confiscate them as such, so I confiscate them. But if I’m a respecter of states’ laws, how then can I legally free them with my Proclamation as I done? Unless I’m canceling states’ laws?
I felt the war demanded it. My oath demanded it. I felt right with myself, and I hoped it was legal to do it. I’m hoping still.
Two years ago, I proclaimed these people emancipated. “Then, thenceforward and forever free.” Now let’s say the courts decide I had no authority to do it. They might well decide that. Say there’s no amendment abolishing slavery, say it’s after the war and I can no longer use my war powers to just ignore the courts’ decisions like I sometimes felt I had to do. Might those people I freed be ordered back into slavery?..
That’s why I’d like to get the 13th Amendment through the House, on its way to ratification by the states. Wrap the whole slavery thing up, forever and aye, as soon as I’m able. Now! End of this month. And I’d like you to stand behind me like my Cabinet’s most always done.
& Lincoln: As the preacher said, “I could write shorter sermons, but once I start, I get too lazy to stop.”
& Wood: We shall oppose this amendment, and any legislation that so affronts natural law insulting to God as to man! Congress must never declare equal those whom God created unequal!
Stevens: Slavery is the only insult to natural law, you fatuous nincompoop!
Pendleton: Order! Procedure, Mr. Speaker! Mr. Wood has the floor. Instruct us, oh, Great Commoner. What is unnatural, in your opinion? Niggrahs casting ballots?.. Niggrah representatives?.. Is that natural, Stevens? Intermarriage?!..
Stevens: What violates natural law?.. Slavery and you. Pendleton, you insult God! You unnatural noise.
& Lincoln: You think word won’t get out? In Washington?
& Seward: It’s either the amendment or this Confederate peace. You cannot have both.
Lincoln: “If you can look into the seeds of time, And say which grain will grow and which will not, Speak then to me.”
Seward: A disaster. This is a disaster.
Lincoln: Time is a great thickener of things, Willum.
Seward: Yes, I suppose it is. Actually, I have no idea what you mean by that.
& Robert: I can’t concentrate on, on British Mercantile Law. I don’t care about British Mercantile Law. I might not even want to be a lawyer.
Lincoln: It’s a sturdy profession. And a useful one.
& Robert: You won’t tell me no, but the war will be over in a month, and you know it will.
Lincoln: I’ve found that prophesying is one of life’s less profitable occupations.
& Stevens: Mrs. Lincoln.
Mary Todd: Madame President, if you please.
& Mary Todd: How the people love my husband... They flock to see him by their thousands on public days. They will never love you the way they love him. How difficult it must be for you to know that and yet how important to remember it.
& Lincoln: Ashley insists you’re ensuring approval by dispensing patronage to otherwise undeserving Democrats. I can’t ensure a single damn thing if you scare the whole House silly with talk of land appropriations and revolutionary tribunals.
Stevens: When the war ends, I intend to push for full equality, the Negro vote, and much more. Congress shall mandate the seizure of every foot of Rebel land and every dollar of their property. We’ll use their confiscated wealth to establish hundreds of thousands of free Negro farmers and, at their side, soldiers armed to occupy and transform the heritage of traitors. We’ll build up a land down there of free men and free women and free children and freedom. The nation needs to know that we have such plans.
Lincoln: That’s the untempered version of reconstruction.
& Lincoln: Now we’re working together, and I’m asking you...
Stevens: For patience, I expect.
Lincoln: When the people disagree, bringing them together requires going slow until they’re ready to...
Stevens: Shit on the people and what they want and what they’re ready for! I don’t give a goddamn about the people and what they want!
& Stevens: You know that the inner compass, that should direct the soul towards justice has ossified in white men and women, North and South, unto utter uselessness, through tolerating the evil of slavery. White people cannot bear the thought of sharing this country’s infinite abundance with Negroes.
Lincoln: A compass, I learned when I was surveying, it’ll point you true north from where you’re standing. But it’s got no advice about the swamps and deserts and chasms that you’ll encounter along the way. If in pursuit of your destination, you plunge ahead, heedless of obstacles and achieve nothing more than to sink in a swamp, what’s the use of knowing true north?
& Seward: Madame. If the Rebels surrendered next week would you, at the end of this month want Congressman Burton to vote for the 13th Amendment?
Mrs. Jolly: If that was how it was, no more war and all I reckon Mr. Jolly much prefer not to have Congress pass the amendment.
Seward: Hmm. And, uh why is that?
Mrs. Jolly: Niggers. If he don’t have to let some Alabama coon come up to Missouri steal his chickens and his job, we’d much prefer that.
& Lincoln: I decided that the Constitution gives me war powers but no one knows just exactly what those powers are. Some say they don’t exist. I don’t know. I decided I needed them to exist to uphold my oath to protect the Constitution. Which I decided meant I could take the Rebels’ slaves from them as property confiscated in war. That might recommend to suspicion that I agree with the Rebs that their slaves are property in the first place. Of course, I don’t. Never have. I’m glad to see any man free, and if calling a man property or war contraband does the trick, why I caught at the opportunity.
Now here’s where it gets truly slippery. I use the law allowing for the seizure of property in a war knowing it applies only to the property of governments and citizens of belligerent nations. Well, the South ain’t a nation. That’s why I can’t negotiate with them. So if, in fact, the Negroes are property, according to the law, have I the right to take the Rebels’ property from them, if I insist they’re rebels only and not citizens of a belligerent country?
And slipperier still, I maintain it ain’t our actual Southern states in rebellion but only the rebels living in those states, the laws of which states remain in force. “The laws of which states remain in force.” That means that since it’s states’ laws that determine whether Negroes can be sold as slaves, as property, the federal government doesn’t have a say in that. At least not yet.
Then Negroes in those states are slaves, hence property, hence my war powers allow me to confiscate them as such, so I confiscate them. But if I’m a respecter of states’ laws, how then can I legally free them with my Proclamation as I done? Unless I’m canceling states’ laws?
I felt the war demanded it. My oath demanded it. I felt right with myself, and I hoped it was legal to do it. I’m hoping still.
Two years ago, I proclaimed these people emancipated. “Then, thenceforward and forever free.” Now let’s say the courts decide I had no authority to do it. They might well decide that. Say there’s no amendment abolishing slavery, say it’s after the war and I can no longer use my war powers to just ignore the courts’ decisions like I sometimes felt I had to do. Might those people I freed be ordered back into slavery?..
That’s why I’d like to get the 13th Amendment through the House, on its way to ratification by the states. Wrap the whole slavery thing up, forever and aye, as soon as I’m able. Now! End of this month. And I’d like you to stand behind me like my Cabinet’s most always done.
& Lincoln: As the preacher said, “I could write shorter sermons, but once I start, I get too lazy to stop.”
& Wood: We shall oppose this amendment, and any legislation that so affronts natural law insulting to God as to man! Congress must never declare equal those whom God created unequal!
Stevens: Slavery is the only insult to natural law, you fatuous nincompoop!
Pendleton: Order! Procedure, Mr. Speaker! Mr. Wood has the floor. Instruct us, oh, Great Commoner. What is unnatural, in your opinion? Niggrahs casting ballots?.. Niggrah representatives?.. Is that natural, Stevens? Intermarriage?!..
Stevens: What violates natural law?.. Slavery and you. Pendleton, you insult God! You unnatural noise.
& Lincoln: You think word won’t get out? In Washington?
& Seward: It’s either the amendment or this Confederate peace. You cannot have both.
Lincoln: “If you can look into the seeds of time, And say which grain will grow and which will not, Speak then to me.”
Seward: A disaster. This is a disaster.
Lincoln: Time is a great thickener of things, Willum.
Seward: Yes, I suppose it is. Actually, I have no idea what you mean by that.
& Robert: I can’t concentrate on, on British Mercantile Law. I don’t care about British Mercantile Law. I might not even want to be a lawyer.
Lincoln: It’s a sturdy profession. And a useful one.
& Robert: You won’t tell me no, but the war will be over in a month, and you know it will.
Lincoln: I’ve found that prophesying is one of life’s less profitable occupations.
& Stevens: Mrs. Lincoln.
Mary Todd: Madame President, if you please.
& Mary Todd: How the people love my husband... They flock to see him by their thousands on public days. They will never love you the way they love him. How difficult it must be for you to know that and yet how important to remember it.
& Lincoln: Ashley insists you’re ensuring approval by dispensing patronage to otherwise undeserving Democrats. I can’t ensure a single damn thing if you scare the whole House silly with talk of land appropriations and revolutionary tribunals.
Stevens: When the war ends, I intend to push for full equality, the Negro vote, and much more. Congress shall mandate the seizure of every foot of Rebel land and every dollar of their property. We’ll use their confiscated wealth to establish hundreds of thousands of free Negro farmers and, at their side, soldiers armed to occupy and transform the heritage of traitors. We’ll build up a land down there of free men and free women and free children and freedom. The nation needs to know that we have such plans.
Lincoln: That’s the untempered version of reconstruction.
& Lincoln: Now we’re working together, and I’m asking you...
Stevens: For patience, I expect.
Lincoln: When the people disagree, bringing them together requires going slow until they’re ready to...
Stevens: Shit on the people and what they want and what they’re ready for! I don’t give a goddamn about the people and what they want!
& Stevens: You know that the inner compass, that should direct the soul towards justice has ossified in white men and women, North and South, unto utter uselessness, through tolerating the evil of slavery. White people cannot bear the thought of sharing this country’s infinite abundance with Negroes.
Lincoln: A compass, I learned when I was surveying, it’ll point you true north from where you’re standing. But it’s got no advice about the swamps and deserts and chasms that you’ll encounter along the way. If in pursuit of your destination, you plunge ahead, heedless of obstacles and achieve nothing more than to sink in a swamp, what’s the use of knowing true north?
--
Ending
Ending
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