The Cornerstone Speech And Judge Baldwin, Original Source Material?

Johnny_Reb_1865

First Sergeant
Joined
Nov 3, 2019
I'm having a bit of a problem involving Alexander Stephens's so-called "Cornerstone Speech" and Judge Henry Baldwin's 1833 decision in the case of Johnson vs Tompkins.

I was told that Stephans was engaging in hyperbole and was mentioning Judge Baldwin's opinion verbatim.

Yet I can't find Judge Baldwin's words online nor can I find the original source of the quotation for Alexander Stephens and his speech.

Any suggestions or anything anyone would like to add?
 
Except Baldwin's 1833 opinion was an accurate reflection of slavery in the US and in the world. By 1861 the world had changed. Neither France nor Britain allowed slavery as a domestic institution in the homeland. And serfdom was nearly gone in Europe, surviving mainly in Russia.
Its was a fantasy to think that an agricultural region that was enmeshed in the world and US economy could preserve an archaic form of a labor in a world that have moved on.
 
Perhaps the most over-emphasized speech by a vice president in American history (can you name another by a VP?). Sometimes called a 'founding document' of the Confederacy - though the CSA had already been in existence for a month.
 
Cotton can be grown in many places in the world. It can be grown under many different labor systems. And there were partial substitutes for cotton. Its not credible to think that world would continue to buy slave produced cotton from an independent Confederacy.
 
Not quite three weeks after Stephens made that speech the fire eaters in South Carolina opened the bombardment on Fort Sumpter. It appears Stephens accurately reflected the indifference of leading Confederates to the risks they were taking.
 
Baldwin's decision in Tompkins winds up saying the fugitive status of Jack would have been no different had he been a free indentured man versus a slave, under the US Constitution's rendition clause where his "service or labor" under the laws of a State was owed to a master. That the fact under a State law that master was his "owner" under the State laws did not change that fact, and where it might be that injustice was involved, it was the doing of the lawmakers of States whose acts tolerated slavery (and recognized it as property in man, binding upon the slave), but he found it also unjust to oppose any such injustice by unconstitutional modes.

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It might aid in understanding the decision too, by noting Baldwin's observation to the jury in the case that slavery was yet legal in the State of Pennsylvania.

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There were very few slaves there at that time, but it was only in 1850 that the State of Pennsylvania abolished it.


Reaction to Baldwin's statements in the decision, including his slavery as a "corner stone" claim, varied. In the North it outraged and fanned the flames of abolitionism. In the South, some took it to heart.

Also, his decision is not necessarily written in "legalese." Baldwin himself admitted his inclination to indulge unique conceptions he admitted were "peculiar," and by some accounts was afflicted by a generally unsound disposition. Regarding his situation in the period of his Tompkins decision in the circuit court, it has been noted in 1832 that he was having some difficulties which came to a head, and afflicted him terribly the same year as his "corner stone" statements:

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In April, 1838 Baldwin was admitted to the American Philosophical Society....




After the war, in 1865, Alexander H. Stephens downplayed his Savannah cornerstone speech of 1861 as an extemporaneous and did not admit that he was regarding legal questions or the Confederacy's organization as revolutionary; but speaking to the crowd the public sentiment of the "statesmen, philosophers and philanthropists" of the Confederacy in its component States, which they had for some years accepted and promoted as a philosophy that was alien to the founders of the US Constitution. And the Confederate Constitution removed the concern of incompatibility and promoted the contemporary philosophical ideals of the South without altering existing laws on the subject (In 1861 the CS Government adopted all US laws to November, 1860 as statutes). From the published edition of his 1865 diary (1910, pgs. 272-274).

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So Stephens says he was just paraphrasing the prevailing philosophy, which had come to the fore over the previous decades.

For example in 1835 Governor McDuffie of South Carolina's message to his State declared slavery a cornerstone of that State's republican form of government:

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In 1837 in the US Senate, John C. Calhoun of South Carolina declared of slavery in the States that it was truly republican in nature in spite of the widely held conceptions...

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Subsequently Governor Hammond of South Carolina (1842-44), opined in a letter of 1845, which was published as a pro slavery argument in the press: contending that the Declaration of Independence was merely a philosophical statement by Thomas Jefferson (which he misquotes) based on erroneous and outdated principles (rather than the "unanimous declaration of the...United States of America")

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The above comments were widely published in the papers in 1835 to 1845; pro and con. Also paraphrased more or less in the 1850s. For example, from the speech of Virginia Representative Jeremiah Morton on the floor of the House of Representatives, February 6, 1850: he seems to reference Justice Baldwin's 1833 decision in the Tompkins case, as defining slavery the "corner stone", etc.

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From 1854, the Richmond Whig and Advertiser, opined that approving abolition of slavery in the Territories was "revolutionary" and was a strike upon the "cornerstone of the federal compact."

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And during the secession crisis, on the floor of the Senate, by Senator Henry Wilson of the State of Massachusetts, February 21, 1861:


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So, the Southern political interest in defending the establishment of slavery in the Territories was essentially lost in the election of November, 1860. Then secession and the Southern Confederacy formed. Next compare to Stephens' cornerstone speech of March 21, 1861, which largely paraphrases the above: and regards ideals...

"Our new government is founded upon exactly the opposite idea [as the Declaration of Independence of 1776]; its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science. It has been so even amongst us. Many who hear me, perhaps, can recollect well, that this truth was not generally admitted, even within their day. The errors of the past generation still clung to many as late as twenty years ago. Those at the North, who still cling to these errors, with a zeal above knowledge, we justly denominate fanatics. All fanaticism springs from an aberration of the mind from a defect in reasoning. It is a species of insanity. One of the most striking characteristics of insanity, in many instances, is forming correct conclusions from fancied or erroneous premises; so with the anti-slavery fanatics. Their conclusions are right if their premises were. They assume that the negro is equal, and hence conclude that he is entitled to equal privileges and rights with the white man.

So Stephens, like Hammond in 1845 suggests that the Declaration of Independence was outdated by modern science and philosophy. From Calhoun in 1837 the "positive good" of Slavery for both races, etc.

Stephens, like Calhoun, etc., admits the above ideals were foreign to the Revolutionary generation's and the South's conceptions of republican forms of government until a short time before. For example, new compared to the ideas of James Madison, where in his notes on the inefficiency of the Articles of Confederation in April, 1787, what he perceived the prevailing republican theory of government, and slavery's incompatibility with it.

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Subsequently, from Federalist paper number 43, February, 1788, beyond philosophy, Madison observes the US Constitution's advantage is the maintenance of "republican" forms of Government in the States, at the expense of "anti republican" forms of government which are attempted in the States to supplant them:

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The pro-slavery comments of McDuffie, etc. were opining that slavery was not anti-republican, and not a relic, but a corner stone of their State's "republican" system of Government; and thus defensible under the US Constitution's provision to defend republican forms of Government in the States. In his corner stone speech of 1861, Stephens claims the Southern Confederacy's new Constitution, was philosophically compatible with the "republican" philosophy of slavery advanced in recent decades in Southern States politics. In other words a philosophical "revolution" in the theory of republican government, with slavery a cognized as a contemporary and internal component rather than anterior to and exterior to it.



Before 1861, Stephens had mentioned "corner stones" before. For example in 1855, in an Augusta speech running for Congress to oppose the "Know Nothings" and their religious prejudices.

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This is interesting reading. It seems like Baldwin's "corner stone" comment had become somewhat commonplace in political discourse in the decades after he issued the decision, to the point that I'm not sure it's fair to associate the term mainly with Stephens, who was just repeating the same words that many others had used.
 
This is interesting reading. It seems like Baldwin's "corner stone" comment had become somewhat commonplace in political discourse in the decades after he issued the decision, to the point that I'm not sure it's fair to associate the term mainly with Stephens, who was just repeating the same words that many others had used.

Certainly. Some seem to consider Stephens' 1861 speech as if a declaration of independence for the Confederacy, but there wasn't anything in it particularly new, and he regards the points made as philosophical. What was new was the Southern Confederacy itself.


Regarding Baldwin, a few years after his 1833 "corner stones" comment in Johnson v. Tompkins, Justice Baldwin, in 1837, published a "general view" of the origin of the Constitution, which promoted another States rights theory of ultimate State sovereignty, and suggested slavery in part proved it; as the States had the power to enslave.

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Judge Baldwin was educated at the Law school at Litchfield, Connecticut. A fellow alum of the same institution was John C. Calhoun.

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And it was said long after the school's closing in 1833 that it emphasized laying "Corner stones"...

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Anyways, both also went to Yale. Baldwin graduated Yale in 1797, and Calhoun in 1804. Both were members of the "Brothers in Unity" fraternal and debating society. They differed on many major points in their subsequent politics. But agreed in some others perhaps.

Andrew Jackson had Calhoun as his vice president 1829-32, and appointed Baldwin to the Supreme Court in 1830. By 1833 he was dissatisfied with both. Calhoun resigned the vice presidency and Baldwin openly criticized Jackson's policies in some of his subsequent court decisions.
In May, 1833, less than a month after Justice Baldwin's "corner stones" comments in the circuit court, and five months after Calhoun left the vice-presidency, President Jackson observed to a Georgian that tariffs, and increasingly slavery, were mere pretexts for forming a Southern Confederacy.

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Enter the next decades of political rhetoric on sectional affairs in and out of Congress, in which most of the ideas referenced by Stephens in 1861 were variously promoted or opposed by others.

In the mid-1800s, political rhetoric of a philosophical nature, especially that intended for publication, was often called "Bunkum"


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The important point being, in the rule of bunkum; that his philosophical statements were printed in the papers for local consumption.

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And it was perhaps commonly indulged by the 1860s.

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So it appears Stephens' 1861 cornerstones speech was an attempt to harmonize a body of pre-existing political bunkum with the new Confederacy. For example, his suggestion the Declaration of Independence had been accepted as false by modern politics, science, etc. had been around a while. John C. Calhoun made that claim in his speech in the Senate in 1848:

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An 1857 pro-slavery article published in England, William Chambers, of Chamber's Literary Journal:

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But in the pre-secession era, in the battle of ideas, others claimed such philosophy of the Declaration of Independence's clause was itself metaphysical bunkum... Like Oliver C. Gardiner of New York:

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....
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Another example perhaps. Stephens in the 1861 cornerstone speech suggested that black people were only fitted by nature for slavery. This wasn't a new argument either. He himself made similar remarks as a US Congressman on the floor of the House of Representatives in Washington on June 28, 1856 in debating on the Kanas bills:

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And on that occasion he was opposed openly by others who disagreed.

Stephens there, and in his 1861 cornerstone speech is likely referencing the "scientific" theories of Dr. Nott and others since the 1840s. Dr. Josiah Nott did some breakthrough medical work relative to insect borne disease vectors; but he made no money from it. Instead, he embarked on a program of claiming negroes were scientifically inferior, as proven by Southern slavery. This proved lucrative and somewhat popular. For example, he was paid to testify of his "scientific" findings to the Louisiana General Assembly in 1848, etc.

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His inspiration being Politicians needed some philosophical points of such scientific bent to employ against the abolitionists ideas:

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Stephens claimed he was speaking in his cornerstone speech the ideals of the "statesmen, philosophers and philanthropists" of the Southern democracy of the time. And being fresh from Montgomery, he suggested the new Southern Confederacy was a "Bloodless" philosophical revolution in which northern, republican or abolitionist debate against the same ideas was silenced...

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And that the Confederacy offered then a chance to prove these ideas true...

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At the time Stephens made the speech there was great concern in the South that the effect of secession and the Southern Confederacy would further reduce the value of property in slaves, and possibly destroy the institution. And should there be war, sever the planters from the credit extended to them by northern and foreign banks, businesses, etc., if not lead to worse:

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So Stephens countered with the party line that war was not certain in his cornerstone speech.

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Not long afterward he went to Richmond to promote Virginia's secession, etc.

Finally, I think it may have been doubly important for the Confederacy to have all these comments come from Stephens, to counteract his own widely publicized opposition to them in the previous months. For example from November 14, 1860, Stephens had made a pro-Union speech which bolstered many Southern Union men:

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He wrote the next month, in December, 1860:

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...

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During the Secession Convention in Georgia during January, 1861, Stephens was elected as a Union delegate, and publicly argued against secession even more staunchly:

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After the secession of the State of Georgia on January 21, 1861, in which he voted in the negative, Stephens abided that decision, and then accepted the vice-presidency of the Confederacy. So shortly afterward, in his corner stone speech in March, 1861, he openly abandons his prior remarks, and extolls the alternative philosophical points. From an 1872 news clipping, paraphrasing a reported conversation with Joseph E. Johnston:

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After Stephen's cornerstone speech further debate within the South was overthrown by the outbreak of war in April. Virginia, Tennessee, Arkansas, North Carolina then joined the Confederacy.

During the war many lamented the Confederacy's leaders had perhaps a surplus of bunkum, while lacking other important necessities.


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Lt. Henry S. Wise noted after the war that the bunkum was increasingly unpopular during its course.

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Wise himself jocularly notes of dusting off the bunkum of the Southern sectional politicking after Appomattox.

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As for former Confederate Vice President Stephens, he was elected to Congress in 1872 to 1880, and in 1882 became Governor of Georgia. He died in office in March, 1883.
 
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