Andrew Napolitano

  • Aired:  03/11/14
  •  | Views: 56,493

Judge Andrew Napolitano offers a contrarian perspective on Abraham Lincoln and his handling of the most horrific, unnatural, amoral institution in the world. (7:11)

MY GUEST TONIGHT FOX NEWSSENIOR JUDICIAL ANALYST I

RECENTLY DID A SEGMENT ABOUT HIMAFTER HE MADE SOME PRESIDENT'S

DAY TALKS ABOUT THE 16thPRESIDENT.

>> I AM A CONTRAIN ON ABRAHAMLINCOLN AND BEMOAN THE FACT THAT

HE HAS BEEN MYTHOLOGIZED ATTHE TIME HE WAS PRESIDENT

SLAVERY WAS DYING A NATURALDEATH ALL OVER THE WESTERN

WORLD. IT HAD JUST BEEN EXPIREDBY LEGISLATION IN ENGLAND AND

THE SOUTHERN PLANTATION OWNERSWERE ON THE

CUSP OF IT DYING HERE. INSTEADOF ALLOWING IT TO DIE OR

HELPING IT TO DIE ORPURCHASING THE SLAVES AND THEN

FREEING THEM WHICH WOULD HAVECOST A LOT LESS MONEY THAN THE

CIVIL WAR COST, LINCOLN SETABOUT ON THE MOST MURDEROUS WAR

IN AMERICAN HISTORYJon: WE'RE GOING TO TALK ABOUT

THAT PLEASE WELCOME BACK TO THEPROGRAM JUDGE ANDREW

NAPOLITANO. [CHEERS AND APPLAUSE]

COME AND SIT. COME AND SIT.

NOW, JUDGE, NO, SIT DOWN.

[CHEERS AND APPLAUSE][LAUGHTER]

JUDGE -- I'M GOING TO TELL YOUSOMETHING.

[ LAUGHTER ]I'M GOING TELL YOU SOMETHING --

YOU KNOW, I HAVE GREAT AFFECTIONFOR YOU.

>> THE FEELING IS MUTUAL, JONNY.

>> Jon: YOU ARE A WARM HEARTEDMAN, I ENJOY YOU VERY MUCH.

THIS TOOK ME ABACK.

>> WHAT TOOK YOU ABACK MY WEIGHTLOSS.

>> Jon: FIRST OF ALL YOU LOOKVERY GOOD.

HOW MUCH WEIGHT DID YOU LOSE?

>> 75 POUNDS.

>> Jon: JENNY CRAIG.

TERRIFIC.

[CHEERS AND APPLAUSE]YOU ARE AN ELOQUENT DEFENDER

OF LIBERTY -->> THANKS.

>> Jon: OF FREEDOM TO

THEN LISTEN TO YOUR COMMENTSABOUT SLAVERY SEEMS THE

ANTITHESIS, YOU SEEM TO DISCUSSIT IN COOL, RATIONAL ECONOMIC

TERMS RATHER THAN THE TERMS YOUUSE TO DESCRIBE LIBERTY.

>> MY DISCUSSION WAS ABOUTLINCOLN.

MY CONDEMNATION OF SLAVERY ISSECOND TO NONE.

YOU'VE READ MY BOOK DRED SCOTT'SREVENGE.

>> Jon: OH MY GOD. I'VE READ ITTWICE.

>> READY FOR A POP QUIZ? IT'S

THE STANDARD LIBERTARIAN ASSAULTON SLAVERY WHICH WAS THE

MOST HORRIFIC, AMORAL, UNNATURALINSTITUTION IN THE HISTORY

OF THE WORLD.

>> Jon: THEN LET ME ASK YOUTHIS

IF IT IS THE MOST AMORAL,UNNATURAL.

>> HORRIFIC.

>> Jon: THIS IDEA THAT IT WILLDIE A NATURAL DEATH SEEMS TO ME

TO BE THE ANTITHESIS OFSOMEONE WHO PRAISES THE

FOUNDERS TO WHAT YOU HAVE CALLEDTHE TYRANNY OF ENGLAND

THERE'S NOT ONE THINGON THE DECLARATION

OF INDEPENDENCE THAT RISESTO THE LEVEL OF SLAVERY.

>> THE DECLARATION OFINDEPENDENCE WAS WRITTEN AND

SIGNED BY SLAVE OWNERS.

>> Jon: EXACTLY.

>> IT'S THEIR MORAL DILEMMA THESAME PERSON WHO WROTE WE'REENDOWED

BY OUR CREATOR WITH CERTAINUNALIENABLE RIGHTS

-- THOMASJEFFERSON OWNED SLAVES.

>> Jon: BUT HOW DO YOU SQUARETHE CIRCLE? OF

PRAISING THEREVOLUTIONARY FOUNDERS GOING TO

WAR WITH LINCOLN NOT GOING TOWAR BUT STANDING BACK FOR THE

HOPE THAT THIS INSTITUTION WILLDIE A DEATH.

>> IF THE SLAVES HAD GONE TO WAR

AGAINST THEIR SLAVE OWNERS AND IHAD BEEN ALIVE, I WOULD HAVE

BEEN WITH THEM.

I WOULD HAVE HELPED FINANCE,FUND AND LEAD THAT REVOLT.

>> Jon: ARE YOU FAMILIAR WITHSLAVERY?

>> I'M VERY FAMILIAR WITH IT.

>> Jon: THAT IS NOT THEOPTION.

>> ACTUALLY ACTUALLY -->> Jon: WAIT A MINUTE, WAIT A

MINUTE.

>> NO, NO, NO.

LINCOLN TRIED TO ARM THE SLAVES.

[CHEERS AND APPLAUSE]>> Jon: BEAR WITH ME YOU WOULD

SUPPORT A SLAVE REBELLION ASBEING JUST.

>> ABSOLUTELY.

>> Jon: BUT NOT THE FEDERALGOVERNMENT.

IF THERE'S EVER ANY REAL USE OFFEDERAL POWER THAT WOULD BE

JUSTIFIED, WOULD IT NOT BE TOEND THE MOST HORRIFIC ABHORRENT

PRACTICE IN THE HISTORY OFMANKIND?

>> AFTER IT HAD TRIED EVERYTHINGELSE LIKE ABOLISHING THE

FUGITIVE SLAVE ACT WHICH LINCOLNENFORCED AND HIS JUDGES ENFORCED

AND FEDERAL MARSHALS ENFORCEDUNTIL THE CIVIL WAR WAS OVER

LINCOLN WAS NEARLYDEAD.

>> Jon: SLAVERY WAS OUTLAWEDIN WHAT 1808.

>> YES.

>> Jon: ENGLAND OUTLAWED IT IN1833.

HOW MUCH LONGER DID PEOPLE HAVETO WAIT FOR IT TO DIE A NATURAL

DEATH?

>> BRAZIL OUTLAWED IT. SWEDENOUTLAWED IT.

>> Jon: BRAZIL IN 1890.

>> NORWAY OUTLAWED IT. THENORTHERN STATES ALL OF WHICH

HAD SLAVES OUTLAWED IT. IT WASON ITS WAY OUT.

>> Jon: WHY IS THE ONUS NOT ONLINCOLN AND NOT ON THE SOUTHERN

STATES?

THEY SECEDED?

LINCOLN DID NOT SECEDE?

THEY SECEDED FROM THE UNIONBEFORE HE TOOK OFFICE AS A

MATTER OF FACT.

>> THE LEADERS OF SOUTHERNSTATES PERPETUATED THIS IMMORAL

SYSTEM.

I HAVE NO PRAISE FOR THEMWHATSOEVER.

BUT LINCOLN COULD HAVE UNDONE ITWITHOUT SPENDING $6.6 BILLION.

>> Jon: HOW?

>> AND CAUSING DEATH OF 785,000HUMAN BEINGS.

>> Jon: HOW MANY DEATHS OFHUMAN BEINGS WERE CAUSED BY THE

AMERICAN SLAVE TRADE.

>> PROBABLY A MILLION AND AHALF.

>> Jon: TRY FIVE MILLION ORMORE, NOBODY COUNTED.

>> WHATEVER THE NUMBER IS THESLAVE TRADE IS TO BE CONDEMNED.

IT WAS OVER IN LINCOLN'SINFANCY.

THE SLAVE TRADE AS YOU JUSTPOINTED OUT

WAS OUTLAWED BY THETERMS OF CONSTITUTION IN 1808.

>> Jon: NO, NO, NO THAT WAS -->> LINCOLN'S JOB IS TO STOP THE

SLAVE TRADE IN THE U.S. WHICH HECOULD HAVE DONE FINANCIALLY AND

LEGALLY AND HE DIDN'T.

IF A SLAVE ESCAPED FROM SOUTHCAROLINA TO MASSACHUSETTS THE

BURDEN WAS ON MASSACHUSETTS'AUTHORITIES AND INDIVIDUALS

AT THEIR OWN EXPENSE TORETURN THAT SLAVE.

>> Jon: THAT WAS ONE OFGRIEVANCES THAT THE SOUTH PUT

OUT THERE.

>> LINCOLN PUT PEOPLE IN JAILWHO REFUSED TO DO THAT

HE COULD HAVE STOPPED ENFORCINGIT.

LINCOLN COULD HAVE SQUEEZED THESOUTH FINANCIALLY AND BOUGHT THE

SLAVES THEIR FREEDOM.

>> Jon: BUYING THE SLAVESFREEDOM I THINK IS NOT AS TRUE

AS YOU MIGHT BELIEVE.

HE TRIED TO DO IT IN THE BORDERSTATES.

HE OFFERED THEM MONEY FOR THEIRSLAVES IN THE BORDER STATES.

THOSE ARE THE ONES THAT HAD NOTEVEN SECEDED YET AND THEY

REFUSED.

>> THEY DIDN'T SECEDE UNTILLINCOLN STARTED KILLING PEOPLE.

BECAUSE IN THE BORDER STATES --

>> Jon: HE STARTED KILLINGPEOPLE BECAUSE THE SOUTH -- WHY

IS THE ONUS ON LINCOLN?

>> BECAUSE HE FIRED THE SHOTS.

NOT THE FIRST SHOT.

HE TRICKED SOUTH CAROLINA TOFIRING THE FIRST SHOT.

>> Jon: SO LINCOLN TRICKEDSOUTH CAROLINA --

[LAUGHTER]-- YOUR VISION OF THE CIVIL WAR

IS LINCOLN PULLED A FAST ONE --[LAUGHTER]

-- ON THE SOUTH.

>> YES.

AND YOU BELIEVE THAT AS WELL.

>> Jon: I DO NOT BELIEVE THAT.

[ LAUGHTER ]I DO NOT EVEN COME CLOSE TO

BELIEVING THAT.

[LAUGHTER]>> Jon: JUDGE NAPOLITANO'S

BOOK "THEODORE AND WOODROW" ISON THE BOOK SHELVES NOW.

WE'RE GOING TO BE BACK.

WE'RE GOING TO TEST YOURKNOWLEDGE.

>> DO I HAVE TO STAY?>> Jon: DO YOU HAVE--

>> I KNOW WHAT ISCOMING.

>> Jon: IT'S FUN.

>> THEY ARE GREAT GUYS.

>> Jon: JUDGE ANDREWNAPOLITANO. WE'LL BE RIGHT BACK.

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