The Negro and the Nation: A History of American Slavery and EnfranchisementMerriam, George Spring
History
The Negro and the Nation: A History of American Slavery and Enfranchisement
Merriam, George Spring
African Americans -- History; Slavery -- United States -- History
Two of the justices, McLean and Curtis (Northern Whigs), dissented
emphatically from the decision. Justice Curtis pointed out, as to the
alleged incapacity of the negro for citizenship at the era of the
Constitution, that at that period free negroes had the right of suffrage
in five of the thirteen States. As to the argument against depriving a
man of his property, the contention of the Republicans was that slaves
were property, not by the common usage of mankind, but only by local
law, and that when a slaveholder moved into a Territory he did not carry
with him that local law by which alone a man could be held as a chattel.
But the authoritative voice of the highest court in the land had
proclaimed these amazing propositions,--that the guarantee of freedom to
the Northwest, which the nation had accepted for a third of a century,
was invalid, and that no person with negro blood had any civil rights as
a citizen of the United States.
When, forty years later, a law of Congress establishing an equitable
income tax was declared unconstitutional by the Supreme Court, and a
Democratic national convention protested against that decision, the
Republican papers of the day denounced the protest as hardly less than
treason. But the Republicans of an earlier day were not so reverential
toward the Supreme Court as an infallible authority. Could the court as
a finality outlaw the negro from the common rights of man, and prevent
Congress from establishing freedom in the national domain? Not so
thought the men who led the Republican party and the sentiment of the
North. The New York Legislature, for example, promptly enacted that
African descent should not disqualify from State citizenship; that any
slave brought into the State by his master became free, and any attempt
to hold him was a penal offense. It passed a resolution declaring that
the Supreme Court had lost the confidence and respect of the people.
Lincoln said in his dry way that the Republican party did not propose to
declare Dred Scott a free man (by the way, he was soon manumitted by his
former master's daughter)--but neither did they propose to accept the
court's decision as a political rule binding the voters, or Congress, or
the President; and they intended so to oppose it as to have it reversed
if possible, and a new judicial rule established. Seward was very
outspoken. He said a year later, in the Senate, "The people of the
United States never can and never will accept principles so
unconstitutional, so abhorrent. Never, never! Let the court recede.
Whether it recede or not, we shall reorganize the court, and thus reform
its political sentiment and practices, and bring them in harmony with
the Constitution and the laws of Nature."
Public-domain text, read in full here on John Shaqi.
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