The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical HistoryEggleston, George Cary
History
The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical History
Eggleston, George Cary
United States -- History -- Civil War, 1861-1865
The victory of the pro-slavery radicals was here complete. The decision
gave them the definite judgment of that Supreme Court whose decisions
rise above congressional enactment and set aside statutes,--that court
from whose judgments there is nowhere any appeal to any other authority
on earth--in behalf of their most extreme contentions.
If that decision had been accepted by the people, as the decisions of
the Supreme Court usually are, it would indeed have made slavery a
national institution subject only to such limitations as the individual
states might impose upon it within their own borders and without
interference with slaveholders who might choose to take their slaves
into free states and hold them there.
But the victory of the slave advocates--complete as it was--gave
them no practical advantage. Such a doctrine as that laid down by
the court simply could not find acceptance in the minds of men at
the North. Logically it ought not to have found acceptance with the
ultra pro-slavery men of the South for the reason that it distinctly
negatived that contention for states' rights and state sovereignty upon
which they relied in their contest with their adversaries.
Unfortunately for them, in the course of his decision Chief Justice
Taney used one unhappy phrase which gave even greater offense perhaps
than the decision itself did. That phrase was in fact no part of the
decision but was what the lawyers call an _obiter dictum_--a saying
apart. It was a mere statement of what the Chief Justice believed to
be a fact of history. It was not at all a ruling of the court. As an
illustration of his meaning he made the perfectly true statement that
before the time of the American Revolution--and he might have included
a much later date--the negroes "_had been regarded_ as beings of an
inferior order and altogether unfit to associate with the white race
either in social or political relations; and so far inferior that they
had _no rights which the white man was bound to respect_; and that the
negro might justly and lawfully be reduced to slavery for his benefit."
This statement of fact as to the attitude of the public mind toward the
negro before the Revolution was entirely correct, as every educated
reader knows, and as the history of the African slave-trade--carried
on not only before the adoption of the Constitution but for a dozen
years after 1808 when the constitutional prohibition of that nefarious
traffic went into effect--perfectly and completely shows.
But Chief Justice Taney's simple statement of this historical fact was
everywhere interpreted to be a part of his legal decision. This was
natural enough under the circumstances for the reason that slavery
itself, in behalf of which the decision seemed to have been rendered,
rested solely upon the doctrine that a negro has no rights which the
white man is bound to respect.
Public-domain text, read in full here on John Shaqi.
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