A History of the United StatesAdams, Charles Kendall
History
A History of the United States
Adams, Charles Kendall
United States -- History
3. That the Missouri Compromise, limiting the right of property
in slaves, was unconstitutional, and therefore null and void;
and that, therefore, slave owners could carry their slaves into
any part of the territories, and hold them as such without
regard to the line established by the Missouri Compromise.
The opinion was rendered by Chief Justice Taney,[188] and was assented
to by a majority of the court. Justices McLean and Curtis, however,
dissented, and Curtis presented an elaborate dissenting opinion. The
importance of the decision lay in the fact that it was an authoritative
approval by the Supreme Court of views advanced by Calhoun, and
generally indorsed by the South.
=419. The Dissenting Opinion.=—The North, naturally, accepted the views
of the dissenting opinion, which held:—
1. That free negroes had been citizens before the adoption of
the Constitution.
2. That the Constitution had not limited the rights of such
negroes as citizens.
3. That as many as seven Acts had been passed by Congress
limiting slavery in the territories, and that these Acts had
been assented to by Presidents who had been in the
Constitutional Convention.
4. That the constitutionality of these Acts had never been
questioned.
5. That the validity of the Missouri Compromise was not before
the court, and that the dissenting Justices did “not hold any
opinion of this court, or any court, binding when expressed on a
question not legitimately before it.”
=420. Influence of the Decision.=—The far-reaching effects of this
decision were at once apparent. The Republican party had been organized
on the fundamental avowal that it was the duty of Congress to keep
slavery out of the territories (§ 416). But if Congress had no
constitutional right to interfere with slavery in the territories, the
Republican party could have no right to exist. The decision also
shattered Douglas’s doctrine of Popular Sovereignty; for, if Congress
had no right to exclude slavery, it could not confer such a right upon
the territorial legislature. The South asked, “What are you going to do
about it?” The North virtually replied that it adopted the view of
Justice Curtis and rejected the decision as of no binding force. Many
persons in the North accepted a doctrine that had some time before been
promulgated by Mr. Seward,—that there is a “higher law” of right and
morality than that of the Constitution.
=421. Abolition Orators.=—Public feeling during these years was much
intensified in the North by the political speeches delivered by
accomplished orators in various parts of the country. The most prominent
of these speakers was Wendell Phillips of Boston, who gave his life
chiefly to anti-slavery agitation and exerted a vast influence. His work
was supplemented effectively by the speeches of Theodore Parker, George
William Curtis, Theodore Tilton, Anna Dickinson, and others.
Public-domain text, read in full here on John Shaqi.
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