Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography; United States -- History -- Civil War, 1861-1865
This cold and pitiless historical delineation of the bondage,
ignorance, and degradation of the unfortunate kidnaped Africans and
their descendants in a by-gone century, as an immutable basis of
constitutional interpretation, was met by loud and indignant protest
from the North. The people and press of that section seized upon the
salient phrase of the statement, and applying it in the present tense,
accused the Chief-Justice with saying that "a negro has no rights
which a white man is bound to respect." This was certainly a
distortion of his exact words and meaning; yet the exaggeration was
more than half excusable, in view of the literal and unbending rigor
with which he proclaimed the constitutional disability of the entire
African race in the United States, and denied their birthright in the
Declaration of Independence. His unmerciful logic made the black
before the law less than a slave; it reduced him to the status of a
horse or dog, a bale of dry-goods or a block of stone. Against such a
debasement of any living image of the Divine Maker the resentment of
the public conscience of the North was quick and unsparing.
Had Chief-Justice Taney's delineation been historically correct, it
would have been nevertheless unwise and unchristian to embody it in
the form of a disqualifying legal sentence and an indelible political
brand. But its manifest untruth was clearly shown by Justice Curtis in
his dissenting opinion. He reminded the Chief-Justice that at the
adoption of the Constitution:
[Sidenote] 19 Howard, p. 582.
In five of the thirteen original States colored persons then
possessed the elective franchise, and were among those by whom the
Constitution was ordained and established. If so, it is not true
in point of fact that the Constitution was made exclusively by the
white race, and that it was made exclusively for the white race is
in my opinion not only an assumption not warranted by anything in
the Constitution, but contradicted by its opening declaration that
it was ordained and established by the people of the United States
for themselves and their posterity; and as free colored persons
were then citizens of at least five States, and so in every sense
part of the people of the United States, they were among those for
whom and whose posterity the Constitution was ordained and
established.
Elsewhere in the same opinion he said:
[Sidenote] Ibid., pp. 574-5.
Public-domain text, read in full here on John Shaqi.
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