Disunion Feed

America has argued itself to the edge before. The words come from 1854–1861; the arguments are the ones we are still having.

Chief Justice Roger B. Taney @ChiefJusticeTaneyMar 6, 1857 · Supreme Court of the United States · original ↗

At the time of the Declaration and the Constitution, they had for more than a century before been regarded as beings of an inferior order, unfit to associate with the white race — so far inferior that they had no rights which the white man was bound to respect.

Next post: Justice Benjamin R. Curtis, Mar 6, 1857 →

The post above is condensed. From the original, word for word
"It is difficult at this day to realize the state of public opinion in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution of the United States was framed and adopted. [...] They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit."

Between the posts · the narrator, not the paper

March 6. Taney reads from the bench for two hours. Every one of the nine justices has written an opinion; the two dissents will not be in print for days.

The most quoted sentence in the history of the Court. Read it precisely: Taney is stating what he claims the framing generation believed, not announcing his own moral view. But he is not describing it in passing — he uses that claimed 1787 consensus as the ground for holding that people of African descent were never included in the word "citizen" and so cannot sue in a federal court. The decision went further: it struck down the Missouri Compromise and held that Congress could not bar slavery from any territory.

Next post: Justice Benjamin R. Curtis, Mar 6, 1857 →

Next in order

Justice Benjamin R. Curtis @JusticeCurtis · Supreme Court of the United States

Free native-born men descended from African slaves were citizens of five States at the Articles' ratification; those otherwise qualified could vote. When fixed rules of interpretation are abandoned, and individuals' opinions control its meaning, we have no longer a Constitution.

Original passage & context
"At the time of the ratification of the Articles of Confederation, all free native-born inhabitants of the States of New Hampshire, Massachusetts, New York, New Jersey, and North Carolina, though descended from African slaves, were not only citizens of those States, but such of them as had the other necessary qualifications possessed the franchise of electors, on equal terms with other citizens. [...] when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under the government of individual men"

Curtis answers Taney with the record: Black men voted in five of the ratifying states, which is difficult to square with a claim that they were never meant to be citizens. He resigned from the Court within months — the only justice in its history to leave over a decision. The two fragments are from different parts of the dissent, joined with [...].

Where this sits

Post 1 of 28 from the Dred Scott decision, Mar 6, 1857 – May 14, 1857 — each post linked to its primary source.

Part of 134 verified passages across 5 flashpoints, Jan 6, 1854 – Apr 13, 1861 — read the feed from the start.

How this was made