The details of the procedural shenanigans aren’t important. The thing to know is, the Wilmot Proviso made official and on-the-record what everybody knew, but was desperate to keep sub rosa: The Mexican War was a war for slavery. Specifically, it was a war for Texas (and California), which was a massive new slave state. And since pretty much all territory captured from Mexico after the inevitable US victory would be below the old Missouri Compromise line, slavery would be legal in all of it under the Compromise.
The Wilmot Proviso attempted to scotch that, which forced the Senate, at least, to come right out and say it. People always underestimate the power of words and symbols, and professional historians are among the worst offenders. With the newer generations of pros it’s ideological enstupidation that causes it, but the older folks were almost as bad. It’s a structural issue — we rely on documents, so even though “the temper of the times” is real obvious in the aggregate, unless you can pin it down to specific statements in archival sources it’s hard to make your case.
If it helps, think of the couple whose marriage is obviously on the rocks. They fight constantly, they all but live separately, everybody knows their relationship is doomed … but when one of them finally comes out and says “I want a divorce”, things often change radically. Temporarily, most often, but how many people have you seen suddenly make all-out efforts to patch things up only after somebody finally says the D-word?
You can hear the capital letters in their voices. Before, all that stuff — romantic weekend getaways and the like — were attempts to “get back on track” or “spice things back up” or whatever. As soon as someone says Divorce, though, all those things become capitalized — we’re Saving Our Marriage.
The Wilmot Proviso was like that. Somebody finally said the D word.
Severian, “1846-1861”, Founding Questions, 2022-06-25.
July 8, 2026
QotD: The Wilmot Proviso
July 7, 2026
Clankers in higher education
On his Substack, David Friedman discusses the impact of AI on university exams:
Professor Roberto Serrano, who is the Harrison S. Kravis University Professor of Economics at Brown University, has detected a massive fraud in one of the classes he teaches, ECON 1170, an advanced undergraduate course in mathematical economics. He has conclusive evidence that at least 50 students cheated on the March midterm exam, making it the biggest known scandal at Brown and in the entire Ivy League
…
“Academic integrity is a value worth defending. The faculty cannot be left on its own in a battle that is decisive if we want to preserve the future of higher education,” explains the 61-year-old professor … (El Pais)
It was a closed book take-home exam; the problems were designed to test the student’s ability but proved doable by an AI. After Serrano changed the final from take-home to in-person about half the students who had gotten perfect scores on the midterm chose not to take the final.
The existence of AI, like the earlier problem of students buying papers online, reduces the ability of teachers to test their students but does not eliminate it, is inconvenient but not catastrophic. It makes some kinds of testing more difficult but not impossible; Serrano could have asked students whose midterms were suspiciously good to explain some of their answers and failed any obviously unable to do so. That would have been additional work for him and, judging by the article, not a policy Brown would have endorsed. Unwilling or unable to do that that he can base his future grading on work done in-person and adequately monitored.
[…]
It is not immediately obvious what is wrong with using AI on a test. If the purpose of the test is to generate information for potential future employers, why should they want the student tested without a tool that, if they hire him, he will have? A basketball coach does not evaluate potential team members by how well they can play with one hand tied behind their back.
Arguably the skills the employer wants tested are those that an AI cannot replace and it was up to Professor Serrano to find ways of testing for them. His take-home midterm, taken without the assistance of AI, might have provided information for him and his students about how far they had come along a path that would eventually produce skills an AI could not substitute for but not information for a future employer about the skills of the students taking the exam.
QotD: “I was just following orders” — the Nuremberg Defence
JerryRigEverything @ZacksJerryRig
It is illegal to obey illegal orders.
It is illegal to obey illegal orders.
It is illegal to obey illegal orders.
It is illegal to obey illegal orders.
It is illegal to obey illegal orders.
It is illegal to obey illegal orders.
Congress has not declared War.
Pass it on.Hot Take: The “Nuremberg Defense” should be completely legally valid because it was for the entirety of human history until the Nuremberg Trials.
The idea that the average GI Joe has the knowledge and capability to parse the legality of orders in life-and-death situations is one of the best examples of how Liberalism simply does not comport with reality.
Every lawyer knows this to be true, too. Ask any number of attorneys a question on a matter of law and if the question is worth a damn you’ll get as many answers as participants. All good legal questions start with the same answer: “It depends.”
If you can’t even get a team of attorneys to always agree on whether something is legal, with hours to days to weeks of research put into the question, why/how do you expect a normal joe to figure that out?
You don’t. He can’t. You know that.
You just want to inspire doubt, raise mutiny, and have a way to punish people who did things you don’t like on the orders of someone out of your reach.
J.T. Alexander, The social media site formerly known as Twitter, 2026-04-06.
July 6, 2026
QotD: Cloud people and dirt people
A striking feature of American liberal democracy is the great gap between the reality of the political class and the people. The Cloud People are not just floating above the Dirt People, living different lives, like aristocrats of old. They no longer have a clear vision of the Dirt People below them. Instead, they conceive of the people over whom they rule based on inputs from the managerial class. To the political class, the general public is an abstraction, not a physical reality.
One example of this is in how the political class understands hierarchy. Every Washington politician and appointee lives in a world where hierarchy is well understood and respected. The appointed class have an array of titles that indicate their position in the hierarchy. Elected officials, of course, have their office and their committee assignments, along with their seniority. This is a world every one of them inherited when they entered politics. It is how it has always been.
In this world, a senator tells his staff to do something and he just assumes they will do it, assuming it can be done. If it cannot be done, then he is going to have them find out why it cannot be done and report back to him. An appointee works the same way within the bureaucracy. They have a staff, usually of appointees, and that staff carries out the orders of the director or secretary. Even though nothing of public good is done in Washington, the petty tasks are carried out with precision.
In this regard, the political class is a petty aristocracy. Senator Lindsey Graham, for example, commands absolute loyalty from his staff. Not only does his staff do what they are told, they faithfully keep his secrets. He has been in the Imperial Capital for a quarter century, without a hint of scandal, despite the obvious. Congress operates a private slush fund to settle sexual harassment claims. Over 260 claims have been paid, without a word about the details. That’s loyalty.
Scan the biographies of the political class and the thing you will be hard pressed to find is anything resembling real world experience. Few have ever worked in the dreaded private sector. Those that have, worked in the law or maybe finance. These careers were just alternative paths to the place they wanted to be all along. There are no sons of the soil in Washington.
The Z Man, “Us And Them”, The Z Blog, 2020-10-06.
July 5, 2026
Progressives are only against “some people” getting wealthy
Rob Henderson posted an accurate assessment of how progressives view certain kinds of wealthy people as being undeserving of their fortunes:
Konstantin Kisin explained why this is the case:
This is because the anti-capitalist left is not actually against people being crazy rich. They’re against certain types of people being crazy rich.
Artists and athletes make sense to them because they’ve played music and sports and because their success can be explained by “luck” and “talent”. Messi’s wealth is not offensive to them because they understand Messi is much better at football than they are.
But when it comes to business, the anti-capitalist leftist has no framework for understanding why Jeff Bezos might be super rich since 99% of them have never ever created a product, business or service that was of value to other people. They’ve never taken entrepreneurial risk. They’ve never employed people and felt the burden of responsibility that comes with that. They’ve never pick up a business and given it a play in the way they’ve picked up a ball or a guitar.
They *literally* don’t understand wealth creation. They think there is a fixed amount of money and the only thing a business does is split it unfairly.
It’s why they rage at Elon and other successful business leaders. Because they genuinely don’t understand why they’re wealthy.
Also, and this is just as important, athletes and artists are disproportionately young, attractive, “diverse”, left wing etc. Business leaders are “evil” middle aged white men whose success offends the average anti-capitalist leftist because they don’t understand a) what it is they do and b) that Elon Musk has the same talent advantage on them as Messi does, it’s just harder to measure.
July 4, 2026
In the “early Victorian period … drinking whisky was the modern-day equivalent of licking hallucinogenic toads”
Scotland was terra incognita to the English for far longer than one might think, even though the two kingdoms shared a monarch as early as 1603. On his Substack, Ed West shows how modern day Scotland has long since emerged from the mysterious shadows of the past:

“Scotch whiskies” by Chris huh is licensed under CC BY-SA 4.0 .
In his highly entertaining history of alcohol and the British, Empire of Booze, Henry Jeffreys observed how one effect of the Napoleonic Wars was to make Scotland a popular destination for English holiday makers. What with the continent being isolated and everything, there weren’t many more exotic places for the richer, more adventurous traveller to visit.
The country was until then largely unknown to many people south of the border, something also true of its trademark drink. “Highland and lowland whisky in the early 19th century would have been a mystery to the majority of Englishmen”, Jeffreys writes: “In the literature of the Georgian and early Victorian period it’s apparent that drinking whisky while in Scotland was the modern-day equivalent of licking hallucinogenic toads while in the Amazon or eating rancid whale in Iceland”.
The conflict with revolutionary France proved to be a great boost to Brand Scotland, and not just because of the limits it placed on rival destinations, but also for the dash that the Scots cut on the field. This culminated with a momentous scene in which “the Highland regiments dazzled the French when the Allied armies marched into Paris”.
Here they wowed both friends and enemies alike, and Sergeant Thomas Campbell of the Grenadier Company recalled how the Tsar even personally “examined my hose, gaiters, legs, and pinched my skin, thinking I wore something under my kilt, and had the curiosity to lift my kilt up to my navel, so that he might not be deceived”. Thanks to the likes of the Black Watch and Gordon Highlanders, the Scots had arrived on the global stage, and no one would ever forget Die Damen aus der Hölle (Ladies from Hell) as German troops would later call Highlanders.
This period of upheaval and war – the birth pangs of true modernity — was marked by a growing craze for Highlandism, “a peculiar phenomenon where lowland Scotland, a predominantly settled mercantile society, took on the trappings of the Highlander as a way of differentiating themselves from Englishmen who they were now yoked to in the Union”.
Previously viewed as menacing, the Highlanders had been tamed by the defeat of the Jacobites and the Clearances that followed, making this once-feared Gaelic culture now safe for English speakers to adopt as their own. Much of this was driven by the romantic imagination of Edinburgh’s Walter Scott, who helped shape both Scottish national identity and the 19th century resurgence of medievalism. Perhaps more than literature, however, Highlandism was boosted by the region’s most famous export — whisky. As Jeffreys writes: “The growth of Scotch coincided with the birth of Highlandism”.
The development of Brand Scotland was also helped by a man widely regarded as Britain’s greatest buffoon and waste of space, the former Prince Regent. Historian John Plumb described a hugely influential visit by the now George IV in 1822, where: “He paraded Edinburgh in the kilt, resplendent in the Royal Stuart tartan and flesh-coloured tights, and yet managed to keep his dignity. The Scots loved it! Quaintly enough, George IV had struck the future note of the monarchy … Be kilted! Be sporans! Be tartans! Riding up Princess Street … To the roaring cheers of loyal Scots, he was showing the way that the monarchy would have to go if it were to survive an industrial and democratic society.”
It was the start of a beautifully symbiotic relationship, with the Royal Family immersing themselves in Highlandism ever since, spending much of their summer holidays there and helping to project an ideal of a region famed for its dramatic countryside, castles, distilleries and golf courses. They’re not alone: Donald Trump, whose mother hailed from the Isle of Lewis, has a noted fondness for the old country, even if this is not always reciprocated, and no doubt many more of his compatriots will be making the pilgrimage in the coming year thanks to the country’s newest brand ambassadors. These are, of course, another occupying force of Scots, the fans of the national football team who followed their country’s brief recent appearance at World Cup.
The Scots in Boston marched as proudly as their ancestors. Their bagpipers serenaded the opposition. Some even turned up at a wedding. They came to watch the Boston Red Sox, which one local described as “the best thing that’s happened in years”. They attracted many neutrals, including a duck. Folk songs were written about them. Everyone loved them, even if some struggled to understand them.
The Boston Globe published a full-page letter thanking them. One local reported how Scotland fans leaving Boston was “almost like a day of mourning for the Americans“. After they left, Massachusetts State Senator Paul Feeney made an emotional farewell, thanking them for visiting children’s hospitals and donating money to local charities: “You’ve been great, courteous guests, you’ve been polite and you’ve been fun and I don’t want that to end”. He invited them to return next year, by which time Glasgow will be twinned with Boston. Indeed, Scottish fans so impressed the Bostonians that the city changed its zoning laws, not an easy task in America. They may even have solved the fertility crisis. Indeed, the Tartan Army charm offensive in Boston has been so overwhelming that I half suspect it’s some sort of devious RICU operation.
The Dark Truth Behind America’s National Anthem
The Rest Is History
Published 8 Jun 2026How did the War of 1812 result in America’s national anthem, The Star Spangled Banner? Who came up with it? And, why does this origin story make the anthem so controversial?
Join Dominic and Tom as they launch into the first episode of their Football World Cup special, with the story behind America’s national anthem, and its secret story.
0:00 – Lloyd’s
01:21 – The Star-Spangled Banner
02:43 – A World Cup Series on National Anthems
04:08 – America’s Most Controversial Anthem
05:00 – The Forgotten War of 1812
09:10 – Britain Strikes Back
11:39 – Francis Scott Key Boards the British Fleet
15:27 – The Bombardment of Fort McHenry
18:14 – The Giant Flag That Inspired the Anthem
20:41 – Francis Scott Key Writes the Poem
23:28 – Why the Anthem Used an Old English Tune
26:13 – The Anacreontic Song
29:07 – How the Song Became a Hit
30:37 – The Times
31:48 – Is The Star-Spangled Banner About Slavery?
36:08 – Escaped Slaves and the British Army
40:55 – The People Who Found Freedom Under the Union Jack
42:29 – Francis Scott Key’s Complicated Legacy
47:06 – The Song Spreads Across America
51:39 – Why America Took So Long to Get a National Anthem
56:42 – How It Finally Became the Anthem
57:06 – Controversial Performances
1:00:17 – Colin Kaepernick and Taking the Knee
1:02:39 – Can You Separate the Anthem from the Author?
1:03:03 – The Abolitionist Version of the Anthem
1:04:13 – Coming Next: God Save the King
1:06:33 – The Rest Is History ClubVideo Editors: Jack Meek, Harry Swan + Adam Thornton
Social Producer: Harry Balden
Producers: Tabby Syrett & Aaliyah Akude
Senior Producer: Callum Hill
Executive Producer: Dom Johnson
Chief Digital Officer: Sam Oakley
Flag image candy for the 4th of July
Lofty Pursuits
Published 13 Jun 2018At Lofty Pursuits we make hard candy using techniques and equipment from the 1800’s. Here we are making Blue Berry and Strawberry shortcake candy in a pattern inspired by the American flag for flag day and the 4th of July. This is one of our most complex designs as it does not have an outer wrap. The video covers some fun bits about the history of the American Flag.
Get our candy here: http://www.pd.net
QotD: “Yankee Doodle”
Everyone in America knows “Yankee Doodle”. That is a remarkable thing to be able to say about any piece of music, let alone one written in the middle of the eighteenth century by a British army surgeon who meant it as an insult. Most of us learned it before we learned to read. It arrives through some combination of school, parade, ice cream truck, and the ambient cultural air of the American summer, and by the time you can name it you already know it. You know the melody before you know the words, and you know the words before you know what any of them mean. A feather. A pony. Macaroni. A young man coming to town. It is the most familiar song in the American songbook and also, when you actually look at it, one of the strangest.
[…]
Which is how we ended up with a patriotic standard that is also a death threat, a sodomy joke, a farm boy’s account of watching grown men handle their enormous guns with mounting enthusiasm, and the song we teach five year olds at Fourth of July parades. All of this has been inside the song the whole time. I want to walk through what is actually in there, because once you can see it you cannot stop seeing it, and I think we owe the song more than we have been giving it.
Start with the title, because the title is already doing two things at once. “Yankee” is almost certainly from the Dutch Janke, a diminutive Dutch settlers in New York used to mock their English neighbors. The British army picked it up as convenient shorthand for a provincial American. A rube. A man of no consequence. “Doodle” meant fool, from the German dudel, and this is the part that makes it into the elementary school music program. The part that does not is that “doodle” was also eighteenth-century British slang for a penis. Both meanings were in active circulation. Neither was obscure. When the British handed this song to their regulars as a marching tune intended to demoralize the enemy, they were calling the colonists provincial idiots and, on a second pass, Yankee dicks. The American troops heard the title and, in the great tradition of men who have already stopped caring what anyone thinks of them, said yes, that one, put it on the flag.
The first thing the song was is a threat.
Yankee Doodle’s come to town / For to buy a firelock / We will tar and feather him / And so will we John Hancock.
British soldiers were singing verses like this one in the run-up to Lexington. Tar and feathering was not a prank. It was a ritual. Men were stripped, had boiling pine tar poured directly onto bare skin, rolled in feathers while the tar was still cooling, and paraded through town as public spectacle. The skin came off with the tar. Some victims died in the days that followed from shock and from infections in the raw flesh. The British soldiers are singing about doing this to a specifically named man. John Hancock. The wealthiest man in Boston, already on London’s list for arrest. “So will we John Hancock” uses his name as a verb. We will do this to him. We will use his body to make a point.
The soldiers singing this were on their way to arrest him. They missed. Hancock got through Lexington, made it to Philadelphia, and in the summer of the following year signed the Declaration of Independence in letters so large that his name became, in English, the common noun for a signature. The verb became the noun. We will destroy you publicly became I was here, I did this, come and get me. The song that had been a mob-violence threat against a living dissident was now, a year later, being sung by the men who had saved him as they mustered for the same war. The target of the verse became the architect of the country that kept the verse. This is the first transformation the song undergoes and it is not subtle. It is also not the last.
The second thing the song is is a sodomy panic. He stuck a feather in his cap and called it macaroni. Every American schoolchild has been told this means the colonist was too stupid to know what fashion was. That is the sanitized reading. The full reading requires understanding what the Macaroni Club was. Young English aristocrats came back from the Grand Tour in Italy wearing wigs so tall they required structural adjustment to pass under a doorframe, corseted coats, embroidered slippers, and Continental affectations so pronounced the London press began printing caricatures of them within the year. “Macaroni” meant dandy, in the same dictionary-accurate way “doodle” meant fool. Technically correct. Missing the entire point.
The point is that the Macaroni Club had become, by the 1770s, a convenient public container for British anxieties about male effeminacy, foreign moral contamination, and sodomy. The caricatures drew them in pinched silhouettes and muffs, in poses the London audience was supposed to read as unmistakably queer. The courts were not caricaturing. They were prosecuting. Men were pilloried. Others were executed. The word “macaroni” was carrying the weight of active criminal cases at the exact moment “Yankee Doodle” was being composed. A British army surgeon named Richard Shuckburgh is the likely author of the most famous macaroni verse, and what he wrote was a joke with a second floor. On the ground floor: the colonial rube does not know what high fashion is and mistakes a single feather for an entire wardrobe. On the second floor: the colonial rube has just put on the signifier of a group of men the British state is currently prosecuting for sodomy, and he does not realize what he has announced himself as. He is a joke to the troops singing the song, and the joke is that he is queer and does not know it.
The colonists heard all of this and kept the song anyway. The British were banking on a shame that had already dissolved. You cannot humiliate a people that has stopped needing your approval. The song arrived as an instrument of British contempt, and the colonists adopted it anyway, and from that moment on it stopped being a British song and started being something else. A vessel. Whatever the singer needed it to carry, the song carried. That is the reclamation, and it is also the engine of everything that happens to the song from here.
Emma, “Yankee Doodle, Undressed”, Past Life, Present Cleavage, 2026-04-22.
July 3, 2026
July 2, 2026
Reining in the administrative state – Humphrey’s Executor overruled by the Supreme Court
One of the two US Supreme Court rulings this week that sparked controversy was the court’s decision to overrule a 1935 precedent that enabled the growth of the administrative state:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.
The Supreme Court this week restored an old-fashioned constitutional idea: if a principal federal officer exercises executive power, the president must be able to remove him. The justices’ 6–3 ruling in Trump v. Slaughter, which struck down a law prohibiting the president from firing members of the FTC except for cause, is the logical endpoint of a 15-year series of cases that have steadily chipped away at Humphrey’s Executor, the 1935 decision that blessed for-cause removal protections for the heads of so-called independent agencies.
The Court didn’t mince words. Chief Justice John Roberts wrote that “Humphrey‘s framework, in short, has not withstood the test of time”. Then came the sentence that will launch a thousand administrative-law articles: “If anything more is left of Humphrey‘s, we overrule it”. The New Deal compromise that invented quasi-legislative agencies has finally met Article II of the U.S. Constitution.
That’s good, because the Federal Trade Commission isn’t a debating society. It, along with its alphabet-agency brethren, writes rules with the force of law, investigates private parties, adjudicates violations, and sues in federal court on behalf of the United States. Whatever labels Congress attached to that body in the Progressive Era, the FTC — like the FCC, SEC, NLRB, and so on — today exercises executive power. And the Constitution vests “the executive power” in one president, not in commissioners serving staggered terms, answerable to no one whom voters can fire.
This ruling isn’t a gift to Donald Trump or his successors. It’s a restoration of constitutional accountability. Congress can create executive-branch agencies and specify what they may do, but it cannot create a fourth branch of government and then pretend its officers are independent of the only person the Constitution makes responsible for executing federal law.
Roberts put the point crisply at the end of Slaughter: “Subordinates who exercise the President’s power are subject to removal by him”. That’s a unitary, not an imperial, presidency, and it’s a hallmark of republican government. The president remains constrained by statutes, appropriations, courts, Congress, elections, and the Constitution itself. If the people dislike how the FTC enforces the law, they should be able to blame — and replace — the president, not chase a goulash of insulated mandarins.
Justice Neil Gorsuch’s concurrence adds the important next step. Killing Humphrey’s Executor doesn’t cure every constitutional disease in the administrative state. It simply reallocates the power Congress poured into independent agencies. As Gorsuch warned, “the fourth branch’s powers still exist; they have just been reassigned to the President”. If agencies possess vast legislative and judicial authority, the answer isn’t to hide those powers from presidential control, but to restore legislative powers to Congress. Make Congress great again!
QotD: The US federal election of 1848 and the resulting inevitability of the US Civil War
The Election of 1848 was an attempt to address the lingering issues from the Mexican War. The Treaty of Guadalupe Hidalgo ceded vast territory to the US, again almost all of it (except for northern California) below the Missouri Compromise line (a line of latitude above which slavery was prohibited, theoretically under the terms of the Northwest Ordinance of 1787). There was no question about Texas’s status as a slave state, but what about the rest of it? Specifically, what about California, which thanks to a massive gold rush was soon to pass the threshold for admission?
The Democrats’ candidate, Lewis Cass, pushed the idea of “popular sovereignty” in the territories. It wasn’t a bad move — since California was the only soon-to-be-state up for grabs, and since some parts of California are above the Missouri Compromise line, let them decide the terms on which they want to enter the Union. The problem with that, obviously, is that the Senate could become radically unbalanced very quickly, depending on how fast the rapidly-expanding population of the territories got their act together. Iowa and Wisconsin had just entered the Union (1846 and 1848, respectively), as free states under the Compromise. They were counterbalanced by Florida and Texas (both 1845), but obviously the balance was very delicate.
Cass was of course defeated (by Mexican War hero Zachary Taylor), so wrangling over California continued. Taylor wasn’t the greatest leader anyway, and when he died in office he was replaced by everyone’s favorite placeholder, Millard Fillmore. Fillmore gets an undeserved rep for incompetence; in reality, he was exactly the kind of president the Second Party System was designed to produce, even though he was never elected to the office. Most real political power before the Civil War was at the state level, so the President was supposed to be the steward and figurehead of his Party, not a strong national leader. (You can still see echoes of this as late as the early 20th century — William Howard Taft supposedly said “I forgot I ever was President;” he was much more concerned with his reputation as Chief Justice of the Supreme Court).
But slavery was a federal issue, indeed THE federal issue. In the absence of strong leadership at the top — and again, in all fairness to Fillmore and the rest, the system was designed to prevent strong Presidential leadership — it fell to Congress. Which a) is where it should’ve been, under the federal system the Founders designed; but b) meant that it was guaranteed to be a cock-up, because like all debating societies Congress was dominated by Very Clever Boys.
Worse, the immediate antebellum Congresses were dominated by the Very Cleverest Boy of them all, Stephen Douglas. I don’t think there has ever been a Cleverer Boy in American politics than Stephen Douglas, which is really saying something. (A case could be made for Lyndon Johnson, I suppose, and look how that turned out). Douglas’s signature “legislation” was the Compromise of 1850, which did a lot of things, including bringing California into the Union as a free state. It’s easy to get lost in the historical weeds here, so I’m keeping this deliberately superficial. Here are the highlights:
First, it’s important to note that nobody except Stephen Douglas knew they were voting on “the Compromise of 1850”. You have to hand it to the bastard, it’s a really slick piece of politics. He put together a whole bunch of bills, horse-trading parts of each of them among the competing factions to cobble an overarching program together. Nobody would’ve voted on an omnibus bill called “The Compromise of 1850”, but when the dust settled and all the votes were tallied on a bunch of separate measures, that’s what emerged.
Second: Douglas swiped Lewis Cass’s idea of “popular sovereignty” for the new territories (New Mexico and Utah) carved out of the Mexican Cession. At the time, this looked like a band-aid, a procedural quick-fix — those territories wouldn’t be coming into the Union as states anytime soon, and since cotton doesn’t grow so well in the desert it didn’t matter that much anyway. “Popular sovereignty” was just a way to kick the can down the road. Please note, however, that now the precedent was set: The Missouri Compromise is now officially a dead letter, though nobody will come right out and say it.
Third: The Fugitive Slave Act essentially federalized slave-catching. The details aren’t important; the principle is. The US government is now officially the enforcement arm of what many folks were openly calling “the Slave Power Conspiracy”.
Fourth: What looked like a purely symbolic measure, outlawing the slave trade in Washington DC. Here again, we misunderestimate the power of symbols at our peril. The practical effect of this was nil, since DC is tiny and if you wanted to buy slaves, the big markets literally right across the road in Maryland and Virginia would be happy to sell you some. But look at the glaring contradiction — Federal marshals can (and will, and did) dragoon local law enforcement into catching runaway slaves on the planters’ behalf, but the slave trade itself is outlawed in the Capitol’s sacred precincts, because freedom.
The term “fake and gay” hadn’t been invented yet, but since the Compromise of 1850 was the product of the Very Cleverest Boy of all, it was by definition fake and gay, and you can see it clearly with the DC slave trade ban.
So Very Clever was he, that he torpedoed his own signature achievement just four short years later in order to make a buck. Some Chicago railroad boys had him on the payroll, and while the details of the Kansas-Nebraska Act don’t matter, the principle very much does. Remember “popular sovereignty?” It didn’t matter in Utah or New Mexico; it mattered very much in Kansas, where fanatics from both sides flooded into the territory in order to vote.
Think about what kind of guy would uproot his entire life to move across state lines just to vote on shit, and Bleeding Kansas suddenly makes sense.
Here again, one is tempted to blame the President for not showing leadership, and Franklin Pierce and James Buchanan have well-deserved reps as do-nothings … except again, “doing nothing” was pretty much the President’s job description back then. That’s not to let them entirely off the hook — James Buchanan was very much a Current Year Democrat, in that even though he wouldn’t actually take any action he couldn’t stop shooting his mouth off; you have to get well into the 20th century to find a major political figure who stepped on his own dick as hard and as often as James Buchanan.
Finally, the coup de grace, the Dred Scott decision. I’m going to stop with this one, because even though things like John Brown’s Raid and the Caning of Sumner are important, they follow, as it were, from the logic laid down by Dred Scott. Some kind of Really Bad Shit was inevitable after that ruling; the precise form of the Really Bad Shit was incidental (n.b. the Caning of Sumner preceded Dred Scott (May 1856 vs. March 1857), but they were very much of a piece).
Here again, it’s easy to get lost in the details, so here are the two big takeaways:
First, Dred Scott was decided correctly as a purely legal matter. The issues surrounding the case were as broad as possible, but the narrow issue at law was this: In granting Dred Scott standing to sue in a federal court, the State of Missouri had implicitly granted him United States citizenship, which is the sole prerogative of Congress. It’s in the Constitution and everything, and back then the guys on the Supreme Court actually bothered to read the fucking thing, so they ruled against Scott on those very narrow grounds (from which all else flowed, legally).
But that’s the second big takeaway: Chief Justice Roger Taney didn’t stop there. If you only got Dred Scott in school, you got the stuff Wiki spends most of its time on — the whole bit about Taney ruling that blacks aren’t, and never can be, citizens of the United States. But the truly important part is this:
Now, … the right of property in a slave is distinctly and expressly affirmed in the Constitution. … Upon these considerations, it is the opinion of the court that the act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the United States north of the [36°N 36′ latitude] line therein mentioned, is not warranted by the Constitution, and is therefore void.
In other words, not just the Missouri Compromise, but the Compromise of 1850, and indeed the very possibility of compromise over slavery, is now officially unconstitutional. Slavery is now de facto legal everywhere in the United States, because any law prohibiting it runs afoul of the 5th Amendment as interpreted by Dred Scott.
What other outcome could there be at that point? Flip the script in 1860 — let the Democrats have their shit together, and the Republicans split three ways. Stephen Douglas is now President, and while that’s a truly horrifying prospect (never, ever let a Very Clever Boy occupy the big chair), the outcome would’ve been the same, or near enough — it’d be the Yankee fanatics in the North seceding, not the Slave Power Conspiracy in the South, but somebody was calling it quits.
Severian, “1846-1861”, Founding Questions, 2022-06-25.











