Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography; United States -- History -- Civil War, 1861-1865
The first intimation which the public at large had of the coming new
dictum was given in Mr. Buchanan's inaugural. The fact that he did
not contemplate such an announcement until after his arrival in
Washington[5] leads to the inference that it was prompted from high
quarters. In Congressional and popular discussions the question of the
moment was at what period in the growth of a Territory its voters
might exclude or establish slavery. Referring to this Mr. Buchanan
said: "It is a judicial question, which legitimately belongs to the
Supreme Court of the United States, before whom it is now pending, and
will, it is understood, be speedily and finally settled. To their
decision, in common with all good citizens, I shall cheerfully submit,
whatever this may be."
The popular acquiescence being thus invoked by the Presidential voice
and example, the court announced its decision two days afterwards--March
6, 1857. The essential character of the transaction impressed itself
upon the very form of the judgment, if indeed it may be called at all
by that name. Chief-Justice Taney read the opinion of the court.
Justices Nelson, Wayne, Daniel, Grier, Catron, and Campbell each read a
separate and individual opinion, agreeing with the Chief-Justice on
some points, and omitting or disagreeing on others, or arriving at the
same result by different reasoning, and in the same manner differing
one from another. The two remaining associate justices, McLean and
Curtis, read emphatic dissenting opinions. Thus the collective
utterance of the bench resembled the speeches of a town meeting rather
than the decision of a court, and employed 240 printed pages of learned
legal disquisition to order the simple dismissal of a suit. The opinion
read by Chief-Justice Taney was long and elaborate, and the following
were among its leading conclusions:
That the Declaration of Independence and the Constitution of the
United States do not include nor refer to negroes otherwise than as
property; that they cannot become citizens of the United States nor
sue in the Federal courts. That Dred Scott's claim to freedom by
reason of his residence in Illinois was a Missouri question, which
Missouri law had decided against him. That the Constitution of the
United States recognizes slaves as property, and pledges the Federal
Government to protect it; and that the Missouri Compromise act and
like prohibitory laws are unconstitutional. That the Circuit Court of
the United States had no jurisdiction in the case and could give no
judgment in it, and must be directed to dismiss the suit.
This remarkable decision challenged the attention of the whole people
to a degree never before excited by any act of their courts of law.
Multiplied editions were at once printed,[6] scattered broadcast over
the land, read with the greatest avidity, and earnestly criticised.
Public-domain text, read in full here on John Shaqi.
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