Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860Bartlett, D. W. (David W.)
History
Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860
Bartlett, D. W. (David W.)
Statesmen -- United States; United States -- Biography
In 1829, General Jackson appointed Mr. McLean to the bench of the
Supreme Court of the United States, he having previously declined the
War and Navy Departments, although the two men differed somewhat in
their ideas of public policy. In January, 1830, he took his seat upon
the bench, and since that time the only indications of Judge McLean's
opinions on the political issues of modern times which the public
could notice, have been afforded by his published decisions involving
the question of slavery. Some years since, the private friends of
Judge McLean were aware that he sympathized very deeply with the
Anti-Slavery reformers of the West and North, and that he did not
approve of the political principles of the Democratic party, as laid
down in their regular platforms, on this subject. He may be safely set
down as a conservative opponent of negro slavery, and its extension
into the territories of the republic. In the last Presidential
election he voted for John C. Fremont, which would seem to settle the
question as to his political affinities. He is a Republican.
From Judge McLean's opinion, delivered in the Dred Scott case, we
gather his views upon some of the more prominent political issues of
the day:
"As to the locality of slavery. The civil law throughout the
continent of Europe, it is believed, without an exception, is,
that slavery can exist only within the territory where it is
established; and that, if a slave escapes, or is carried beyond
such territory, his master cannot reclaim him, unless by virtue of
some express stipulation.
"There is no nation in Europe which considers itself bound to
return to his master a fugitive slave, under the civil law or the
law of nations. On the contrary, the slave is held to be free
where there is no treaty obligation, or compact in some other
form, to return him to his master. The Roman law did not allow
freedom to be sold. An ambassador or any other public functionary
could not take a slave to France, Spain, or any other country in
Europe, without emancipating him. A number of slaves escaped from
a Florida plantation, and were received on board of ship by
Admiral Cochrane; by the King's Bench, they were held to be free.
In the great and leading case of Prigg _v._ the State of
Pennsylvania, this court says that, by the general law of nations,
no nation is bound to recognize the state of slavery, as found
within its territorial dominions, where it is in opposition to its
own policy and institutions, in favor of the subjects of other
nations where slavery is organized. If it does it, it is as a
matter of comity, and not as a matter of international right. The
state of slavery is deemed to be a mere municipal regulation,
founded upon and limited to the range of the territorial laws.
This was fully recognized in Somerset's case, which was decided
before the American Revolution.
Public-domain text, read in full here on John Shaqi.
Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860 — John Shaqi
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