Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography; United States -- History -- Civil War, 1861-1865
The public sentiment regarding it immediately divided, generally on
existing party lines--the South and the Democrats accepting and
commending, the North and the Republicans spurning and condemning it.
The great anti-slavery public was not slow in making a practical
application of its dogmas: that a sweeping and revolutionary
exposition of the Constitution had been attempted when confessedly
the case and question had no right to be in court; that an evident
partisan dictum of national judges had been built on an avowed
partisan decision of State judges; that both the legislative and
judicial authority of the nation had been trifled with; that the
settler's "sovereignty" in Kansas consisted only of a Southern
planter's right to bring his slaves there; and that if under the
"property" theory the Constitution carries slavery to the Territories,
it would by the same inevitable logic carry it into free-States.
But much more offensive to the Northern mind than his conclusions of
law were the language and historical assertions by which Chief-Justice
Taney strove to justify them.
[Sidenote] 19 Howard, p. 407.
In the opinion of the court [said he] the legislation and
histories of the times, and the language used in the Declaration
of Independence, show, that neither the class of persons who had
been imported as slaves, nor their descendants, whether they had
become free or not, were then acknowledged as a part of the
people, nor intended to be included in the general words used in
that memorable instrument. It is difficult at this day to realize
the state of public opinion in relation to that unfortunate race
which prevailed in the civilized and enlightened portions of the
world at the time of the Declaration of Independence and when the
Constitution of the United States was framed and adopted. But the
public history of every European nation displays it in a manner
too plain to be mistaken. They had for more than a century before
been regarded as beings of an inferior order, and altogether unfit
to associate with the white race, either in social or political
relations; and so far inferior, that they had no rights which the
white man was bound to respect; and that the negro might justly
and lawfully be reduced to slavery for his benefit. He was bought
and sold, and treated as an ordinary article of merchandise and
traffic, whenever a profit could be made by it.
Quoting the provisions of several early slave codes, he continued:
[Sidenote] Ibid., p. 409.
Public-domain text, read in full here on John Shaqi.
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