A history of the United States . ssented, and Curtis presented an elaboratedissenting opinion. The im^iortance of the decision lay in thefact that it was an authori-tative approval by the Su-preme Court of viewsadvanced by Calhoun, andgenerally indorsed by theSouth. 419. The DissentingOpinion. — The North, nat-urally, accepted the viewsof the dissenting opinion,which held: — 1. That free negroes had been citizens beforethe adoption of theConstitution. 2. That the Constitution had not limited the rights of such negroes as citizens. 3. That as many as seven Acts had been passed by Congress limit
A history of the United States . ssented, and Curtis presented an elaboratedissenting opinion. The im^iortance of the decision lay in thefact that it was an authori-tative approval by the Su-preme Court of viewsadvanced by Calhoun, andgenerally indorsed by theSouth. 419. The DissentingOpinion. — The North, nat-urally, accepted the viewsof the dissenting opinion,which held: — 1. That free negroes had been citizens beforethe adoption of theConstitution. 2. That the Constitution had not limited the rights of such negroes as citizens. 3. That as many as seven Acts had been passed by Congress limiting slavery in the territories, and that these Acts hadbeen assented to by Presidents who had been in the Con-stitutional Convention. 4. That the constitutionality of these Acts had never been questioned. 5. That the validity of the Missouri Compromise was not before the court, and that the dissenting Justices did not hold any opinion of this court, or any court, bindingwhen expressed on a question not legitimately RoGKR B. Taney. Democrat; was Attorney-General of the United States, 1831-1833; appointedSecretary of the Treasury by Jackson, he removed the government depositsfrom the bank, but was not confirmed by the Senate; Chief Justice of theUnited States from 1836 until his death. 328 ADMINISTRATION OF BUCHANAN, 1857-1861. [§ 420 420. Influence of the Decision. — The far-reaching effects ofthis decision were at once apparent. The Republican partyhad been organized on tlie fundamental avowal that it was theduty of Congress to keep slavery out of the territories (§ 416).But if Congress had no constitutional right to interfere withslavery in the territories, the Republican party could have noright to exist. The decision also shattered Douglass doctrineof Popular Sovereignty; for, if Congress had no right to ex-clude slavery, it could not confer such a right upon the terri-torial legislature. The South asked, What are you going todo about it ? The North virtua
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