The Atlantic Monthly, Volume 15, No. 88, February, 1865: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 15, No. 88, February, 1865: A Magazine of Literature, Art, and Politics
Various
American periodicals
But no. He was a judicial Calhoun. His dogma was that the fundamental
law guaranteed property in man. He declared that therefore Congress
could not interfere with it in the Territories. Before he was judge, he
admitted the right of sojourn. There was but one step more,--the sacred
right of slave property in Free States. It was involved in what he had
already said, and was not so great an anomaly as he had already
sanctioned; for if the Constitution guarantees this property in every
State,--if the States do not reserve the power to interfere with
it,--if, in case of escape, Congress has the power to reclaim it,--why
is not the owner to be guaranteed it in the States as well as in the
Territories?
In looking across this long judicial Sahara of twenty-seven years, there
is but one oasis. In the Amistad case, the Court did declare that Cinque
and the rest, who had been kidnapped, had the right to regain their
natural liberty, even at the cost of the lives of those who held them in
bondage; and for once the Court, speaking by Story, did appeal to the
laws of nature and of nations, and decide the case "_upon the eternal
principles of justice_." But all else is, in the light of this question
of Slavery, by which this age will be remembered and judged, a dreary,
barren waste of shifting, blinding, stifling sand.
History will tell whether America is to be judged by the words spoken by
him who so long held the highest seat in her courts. We do not think she
has fallen to such a depth. He did not speak for her; but he did for
himself.
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