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
"Taking up your specific charges,--the status of slavery in the various
territories has been debated and battled in Congress and among the
people for seventy years, and as now one decision and now another has
been reached it has been accepted by all until peaceably changed. For
six years past it has been the cardinal question in national politics.
Within that period three views have been urged,--that slavery goes by
natural and constitutional right into all the territories, that the
matter is to be settled in each territory by the local population, and
that slavery should be excluded by national authority from all the
territories. For this last view we have argued, pleaded, waited, until
at last the supreme tribunal of all--the American people in a national
election--has given judgment in our favor.
"You cite the Dred Scott decision of the Supreme Court as establishing
slavery in the territories. But you wrest from that decision a force
which it does not legally carry. The best lawyers are with us as to
this. The court at the outset dismissed the case for want of
jurisdiction, because Dred Scott, being a negro, could not be an
American citizen, and therefore had no standing before the court. This
being said, the court by its own decision could go no farther with the
case. When a majority of the judges went on to discuss the status of
slavery in the territories,--as it might have come up if they had gone
on to try the case on its merits--they were uttering a mere _obiter
dictum_,--a personal opinion carrying no judicial authority. The attempt
to make these side-remarks a decisive pronouncement on the supreme
political question of the time is beyond law or reason. It is
preposterous that the court's incidental opinion, on a case which it had
disclaimed the power to try, should invalidate that exclusion of slavery
by national authority which had been affirmed by the great acts of 1787
and 1820, and had been exercised for seventy years.
"As to fugitive slaves, the Personal Liberty laws are designed to
safeguard by the State's authority its free black citizens from the
kidnapping which the Federal statute, with its refusal of a jury trial,
renders easy. If they sometimes make difficulty in the rendition of
actual fugitives,--you must not expect a whole-hearted acceptance of the
role of slave-catchers by the Northern people. You have the Federal
statute, and may take what you can under it,--but if under the bond
Shylock gets only his pound of flesh, there is no help for him.
Public-domain text, read in full here on John Shaqi.
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