The Court, after holding that Scott could not maintain his action
for want of citizenship, decided among other things that: "Whatever
the General Government acquires it acquires for the benefit of the
people of the several States who created it. It is their trustee,
acting for them and charged with the duty of promoting the interests
of the whole people of the Union. * * * * The right of property in
a slave is distinctly and expressly affirmed in the Constitution.
The right to traffic in it, like an ordinary article of merchandise
and property, is guaranteed to the citizens of the United States.
* * * * The Government * * * is pledged to protect it in all future
time. * * * * The act of Congress which prohibits a citizen from
holding and owning property of this kind in the territory of the
United States north of the line mentioned (36 degrees 30 minutes)
is not warranted by the Constitution and is therefore void. * * *
* * If Congress cannot do this it will be admitted that it could
not authorize a territorial legislature to do it."
Thousands of copies of the opinion of Judge Taney were printed and
distributed among the people by the Democrats who, at first, were
so elated over the blow dealt to the Republican fanatics that they
overlooked the fact that the decision was even more fatal to the
favorite doctrine of the Northern wing of their own party.
The dissenting opinions were printed in enormous numbers by Republican
committees and distributed among the anti-slavery people of the
Northern and Middle States. Far from settling the controversy,
the powerful conflicting opinions confirmed the already inveterate
prejudices and disclosed with scientific clearness the fact, long
dimly felt, that there existed two fundamentally different and
irreconcilably hostile theories of government among the people
which must sooner or later grapple for the mastery. Naturally among
Northern Democrats the first emotion on hearing of the decision was
exultation over the disastrous reverse suffered by the Republicans,
whose whole political creed seemed annihilated. They had declared
in sounding phrase that it was the duty of Congress to wipe from the
Territories those twin relics of barbarism, slavery and polygamy;
and promptly the Supreme Court had decided that Congress had
no such power. But it soon grew uncomfortably clear to them that
while the decision upset the favorite dogma of the Republicans, it
was utterly inconsistent with the doctrine of popular sovereignty,
the fundamental tenet of Northern Democratic faith. The decision
was not only a victory of the Democrats over the Republicans, but
a complete victory of the Southern slave-holding Democracy over
that of the free North.
Public-domain text, read in full here on John Shaqi.
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