Twenty Years of Congress, Vol. 1: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860Blaine, James Gillespie
History
Twenty Years of Congress, Vol. 1: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860
Blaine, James Gillespie
United States -- History; United States -- History -- 1865-1898
Five of the judges--an absolute majority of the court--were Southern
men, and had always been partisan Democrats of the State-rights'
school. People at once remembered that every other class of lawyers
in the South had for thirty years been rigidly excluded from the
bench. John J. Crittenden had been nominated and rejected by a
Democratic Senate. George E. Badger of North Carolina had shared
the same fate. They were followers of Clay, and not to be trusted
by the new South in any exigency where the interests of slavery
and the perpetuity of the Union should come in conflict. Instead,
therefore, of strengthening the Democratic party, the whole effect
of the Dred Scott decision was to develop a more determined type
of anti-slavery agitation. This tendency was promoted by the lucid
and exhaustive opinion of Benjamin R. Curtis, one of the two
dissenting judges. Judge Curtis was not a Republican. He had been
a Whig of the most conservative type, appointed to the bench by
President Fillmore through the influence of Mr. Webster and the
advice of Rufus Choate. In legal learning, and in dignity and
purity of character, he was unsurpassed. His opinion became,
therefore, of inestimable value to the cause of freedom. It
represented the well-settled conclusion of the most learned jurists,
was in harmony with the enlightened conscience of the North, and
gave a powerful rallying-cry to the opponents of slavery. It upheld
with unanswerable arguments the absolute right of Congress to
prohibit slavery in all the Territories of the Union. Every judge
delivered his views separately, but the dissenting opinion of Judge
McLean, as well as of the six who sustained the views of the Chief
Justice, arrested but a small share of public attention. The
argument for the South had been made by the venerable and learned
Chief Justice. The argument for the North had been made by Justice
Curtis. Perhaps in the whole history of judicial decisions no two
opinions were ever so widely read by the mass of people outside
the legal profession.
DECISION IN THE CASE OF DRED SCOTT.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account