Abraham Lincoln and the Union [15]
the previous year. Its bewildering legal technicalities may here be passed over; fundamentally, the real question involved was the status of a negro, Dred Scott. A slave who had been owned in Missouri, and who had been taken by his master to the State of Illinois, to the free territory of Minnesota, and then back to Missouri, now claimed to be free. The Supreme Court undertook to decide whether his residence in Minnesota rendered him free, and also whether any negro of slave descent could be a citizen of the United States. The official opinion of the Court, delivered by Chief Justice Taney, decided both questions against the suppliant. It was held that the "citizens" recognized by the Constitution did not include negroes. So, even if Scott were free, he could not be considered a citizen entitled to bring suit in the Federal Courts. Furthermore, he could not be considered free, in spite of his residence in Minnesota, because, as the Court now ruled, Congress, when it enacted the Missouri Compromise, had exceeded its authority; the enactment had never really been in force; there was no binding prohibition of slavery in the Northwestern territories.
If this decision was good law, all the discussion about popular sovereignty went for nothing, and neither an act of Congress nor the vote of the population of a territory, whether for or against slavery, was of any value whatsoever. Nothing mattered until the newmade state itself took action after its admission to the Union. Until that time, no power, national or local, could lawfully interfere with the introduction of slaves. In the case of Kansas, it was no longer of the least importance what became of the Lecompton constitution or of any other that the settlers might make. The territory was open to settlement by slaveholders and would continue to be so as long as it remained a territory. The same conditions existed in Nebraska and in all the Northwest. The Dred Scott decision was accepted as orthodox Democratic doctrine by the South, by the Administration, and by the "Northern men with Southern principles." The astute masters of the game of politics on the Democratic side struck the note of legality. This was law, the expression of the highest tribunal of the Republic; what more was to be said? Though in truth there was but one other thing to be said, and that revolutionary, the Republicans, nevertheless, did not falter over it. Seward announced it in a speech in Congress on "Freedom in Kansas," when he uttered this menace: "We shall reorganize the Court and thus reform its political sentiments and practices."
In the autumn of 1858 Douglas attempted to perform the acrobatic feat of reconciling the Dred Scott decision, which as a Democrat he had to accept, with that idea of popular sovereignty without which his immediate followers could not be content. In accepting the Republican nomination as Douglas's opponent for the senatorship, Lincoln used these words which have taken rank among his most famous utterances: "A house divided against itself cannot stand. I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved. I do not expect the house to fall but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward till it shall become alike lawful in all the states, old as well as new--North as well as South."
No one had ever so tellingly expressed the deathgrapple of the sections: slavery the weapon of one, free labor the weapon of the other. Though Lincoln was at that time forty-nine years old, his political experience, in contrast with that of Douglas, was negligible. He afterward aptly described his early life in that expressive line from Gray, "The short and simple annals of the poor." He lacked regular schooling, and it was altogether from the
If this decision was good law, all the discussion about popular sovereignty went for nothing, and neither an act of Congress nor the vote of the population of a territory, whether for or against slavery, was of any value whatsoever. Nothing mattered until the newmade state itself took action after its admission to the Union. Until that time, no power, national or local, could lawfully interfere with the introduction of slaves. In the case of Kansas, it was no longer of the least importance what became of the Lecompton constitution or of any other that the settlers might make. The territory was open to settlement by slaveholders and would continue to be so as long as it remained a territory. The same conditions existed in Nebraska and in all the Northwest. The Dred Scott decision was accepted as orthodox Democratic doctrine by the South, by the Administration, and by the "Northern men with Southern principles." The astute masters of the game of politics on the Democratic side struck the note of legality. This was law, the expression of the highest tribunal of the Republic; what more was to be said? Though in truth there was but one other thing to be said, and that revolutionary, the Republicans, nevertheless, did not falter over it. Seward announced it in a speech in Congress on "Freedom in Kansas," when he uttered this menace: "We shall reorganize the Court and thus reform its political sentiments and practices."
In the autumn of 1858 Douglas attempted to perform the acrobatic feat of reconciling the Dred Scott decision, which as a Democrat he had to accept, with that idea of popular sovereignty without which his immediate followers could not be content. In accepting the Republican nomination as Douglas's opponent for the senatorship, Lincoln used these words which have taken rank among his most famous utterances: "A house divided against itself cannot stand. I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved. I do not expect the house to fall but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward till it shall become alike lawful in all the states, old as well as new--North as well as South."
No one had ever so tellingly expressed the deathgrapple of the sections: slavery the weapon of one, free labor the weapon of the other. Though Lincoln was at that time forty-nine years old, his political experience, in contrast with that of Douglas, was negligible. He afterward aptly described his early life in that expressive line from Gray, "The short and simple annals of the poor." He lacked regular schooling, and it was altogether from the