Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
“‘If the opinion of the Supreme Court covered the whole ground of
this act, it ought not to control the co-ordinate authorities of
this Government. The Congress, the Executive and the Court, must
each for itself be guided by its own opinion of the Constitution.
Each public officer, who takes an oath to support the Constitution,
swears that he will support it as he understands it, and not as it
is understood by others.’
“Again and again have I heard Judge Douglas denounce that bank
decision, and applaud General Jackson for disregarding it. It
would be interesting for him to look over his recent speech, and
see how exactly his fierce philippics against us for resisting
Supreme Court decisions, fall upon his own head. It will call to
mind a long and fierce political war in this country, upon an issue
which, in his own language, and, of course, in his own changeless
estimation, was ‘a distinct issue between the friends and the
enemies of the Constitution,’ and in which war he fought in the
ranks of the enemies of the Constitution.
“I have said, in substance, that the Dred Scott decision was, in
part, based on assumed historical facts which were not really true,
and I ought not to leave the subject without giving some reasons
for saying this; I, therefore, give an instance or two, which I
think fully sustain me. Chief Justice Taney, in delivering the
opinion of the majority of the Court, insists at great length, that
negroes were no part of the people who made, or for whom was made,
the Declaration of Independence, or the Constitution of the United
States.
“On the contrary, Judge Curtis, in his dissenting opinion, shows
that in five of the then thirteen States, to wit: New Hampshire,
Massachusetts, New York, New Jersey, and North Carolina, free
negroes were voters, and, in proportion to their numbers, had the
same part in making the Constitution that the white people had.
He shows this with so much particularity as to leave no doubt of
its truth; and as a sort of conclusion on that point, holds the
following language:
“‘The constitution was ordained and established by the people of
the United States, through the action, in each State, of those
persons who were qualified by its laws to act thereon in behalf
of themselves and all other citizens of the State. In some of the
States, as we have seen, colored persons were among those qualified
by law to act on the subject. These colored persons were not only
included in the body of ‘the people of the United States,’ by whom
the Constitution was ordained and established; but in at least five
of the States they had the power to act, and, doubtless, did act,
by their suffrages, upon the question of its adoption.’
Public-domain text, read in full here on John Shaqi.
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