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
“This, plainly stated, is your language to us. Perhaps you will say
the Supreme Court has decided the disputed Constitutional question
in your favor. Not quite so. But waiving the lawyer’s distinction
between dictum and decision, the Courts have decided the question
for you in a sort of way. The Courts have substantially said,
it is your Constitutional right to take slaves into the Federal
Territories, and to hold them there as property.
“When I say the decision was made in a sort of way, I mean it was
made in a divided Court by a bare majority of the Judges, and they
not quite agreeing with one another in the reasons for making it;
that it is so made as that its avowed supporters disagree with one
another about its meaning, and that it was mainly based upon a
mistaken statement of fact--the statement in the opinion that ‘the
right of property in a slave is distinctly and expressly affirmed
in the Constitution.’
“An inspection of the Constitution will show that the right of
property in a slave is not distinctly and expressly affirmed in
it. Bear in mind the Judges do not pledge their judicial opinion
that such right is impliedly affirmed in the Constitution; but
they pledge their veracity that it is distinctly and expressly
affirmed there--‘distinctly’ that is, not mingled with anything
else--‘expressly’ that is, in words meaning just that, without the
aid of any inference, and susceptible of no other meaning.
“If they had only pledged their judicial opinion that such right
is affirmed in the instrument by implication, it would be open
to others to show that neither the word ‘slave’ nor ‘slavery’ is
to be found in the Constitution, nor the word ‘property’ even,
in any connection with language alluding to the things slave, or
slavery, and that wherever in that instrument the slave is alluded
to, he is called a ‘person;’ and wherever his master’s legal right
in relation to him is alluded to, it is spoken of as ‘service or
labor due,’ as a ‘debt’ payable in service or labor. Also, it would
be open to show, by contemporaneous history, that this mode of
alluding to slaves and slavery, instead of speaking of them, was
employed on purpose to exclude from the Constitution the idea that
there could be property in man.
“To show all this is easy and certain.
“When this obvious mistake of the Judges shall be brought to their
notice, is it not reasonable to expect that they will withdraw the
mistaken statement, and reconsider the conclusion based upon it?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account