195 One might also add that for Huber slavery was not contrary to natural law: Praelectiones juris civilis on the Institutes1.3: see Alan Watson, Slave Law in the Americas(Athens, GA., 1989). P. 94. 196 See, above all, H. Jaffa, Crisis of the House Divided(Chicago, 1959); also e.g. C.B. Swisher, History of the Supreme Court of the United States, vol. 5; The Taney Period, 1836-1864 (New York: 1974), pp. 631ff.; D.E. Fehrenbacher, The Dred Scott Case (New York, 1978), pp. 449ff.; J.M. McPherson, Battle Cry of Freedom: The Civil War Era(New York, 1988), pp. 177ff. 197 The Kansas proslavery Constitution of 1858, printed in D.W. Wilder, The Annals of Kansas (Topeka, 1875), pp. 134ff.; see esp. pp. 140, 146. 198 McPherson, Battle Cry, p. 188. Moreover, the United States itself had recognized and protected the institution of slavery in the Constitution and Fugitive Slave laws. Huber, moreover, as we have seen, argues that the principles of conflict of laws had to be sought in Roman law, and according to Roman law, slavery was emphatically part of the ius gentium. Slavery might be, as Justinian’s Institutes .., states contrary to nature, but as the same passage claims, it is part of the law of nations. Huber also stresses, it will be recalled, that it can scarcely ever be the case that law valid in one place will be contrary to the law of nations.195 It is widely accepted by historians that one of the consequences of theDred Scott case and the public furor that followed it was that the Illinois senatorial race of between Stephen A. Douglas and Abraham Lincoln centered solely on slavery, above all on the issues of slavery raised by the decision in Dred Scott and the Kansas-Nebraska Act of .196 It is also widely accepted that Lecompton197 andDred Scott accounted for much of the Republican gain in the election, even though that party was not victorious. It has recently been authoritatively claimed: “For Lincoln the election was a victory in defeat. He had battled the famous Douglas on at least even terms, clarified the issues between Republicans and northern Democrats more sharply than ever, and emerged as a Republican spokesman of national stature.”198 VIII
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