Abraham Lincoln, Volume IMorse, John T., Jr. (John Torrey)
History
Abraham Lincoln, Volume I
Morse, John T., Jr. (John Torrey)
Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography
Thus James Buchanan became President of the United States, March 4,
1857,--stigmatized somewhat too severely as "a Northern man with
Southern principles;" in fact an honest man and of good abilities, who,
in ordinary times, would have left a fair reputation as a statesman of
the second rank; but a man hopelessly unfit alike in character and in
mind either to comprehend the present emergency or to rise to its
demands.[66] Yet, while the Democrats triumphed, the Republicans enjoyed
the presage of the future; they had polled a total number of votes which
surprised every one; on the other hand, the Democrats had lost ten
States[67] which they had carried in 1852 and had gained only two
others,[68] showing a net loss of eight States; and their electoral
votes had dwindled from 254 to 174.
On the day following Buchanan's inauguration that occurred which had
been foreshadowed with ill-advised plainness in his inaugural address.
In the famous case of Dred Scott,[69] the Supreme Court of the United
States established as law the doctrine lately advanced by the Southern
Democrats, that a slave was "property," and that his owner was entitled
to be protected in the possession of him, as such, in the Territories.
This necessarily demolished the rival theory of "popular sovereignty,"
which the Douglas Democrats had adopted, not without shrewdness, as
being far better suited to the Northern mind. For clearly the people
enjoyed no sovereignty where they had no option. Consequently in the
Territories there was no longer a slavery question. The indignation of
anti-slavery men of all shades of opinion was intense, and was
unfortunately justifiable. For wholly apart from the controversy as to
whether the law was better expounded by the chief justice or by Judge
Curtis in his dissenting opinion, there remained a main fact, undeniable
and inexcusable, to wit: that the court, having decided that the lower
court had no jurisdiction, and being therefore itself unable to remand
the cause for a new trial, had then outstepped its own proper function
and outraged legal propriety by determining the questions raised by the
rest of the record,--questions which no longer had any real standing
before this tribunal. This course was well known to have been pursued
with the purpose on the part of the majority of the judges to settle by
judicial authority, and by a _dictum_ conspicuously _obiter_, that great
slavery question with which Congress had grappled in vain. It was a
terrible blunder, for the people were only incensed by a volunteered and
unauthorized interference. Moreover, the reasoning of Chief Justice
Taney was such that the Republicans began anxiously to inquire why it
was not as applicable to States as to Territories, and why it must not
be extended to States when occasion should arrive; and in this
connection it seemed now apparent why "States" had been named in the
bill which repealed the Missouri Compromise.[70] In spite of this menace
Public-domain text, read in full here on John Shaqi.
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