I have said, in substance, that the Dred Scott decision was in part based
on assumed historical facts which were not really true, and I ought not
to leave the subject without giving some reasons for saying this; I
therefore give an instance or two, which I think fully sustain me. Chief
Justice Taney, in delivering the opinion of the majority of the court,
insists at great length that negroes were no part of the people who made,
or for whom was made, the Declaration of Independence, or the
Constitution of the United States.
On the contrary, Judge Curtis, in his dissenting opinion, shows that in
five of the then thirteen States--to wit, New Hampshire, Massachusetts,
New York, New Jersey, and North Carolina--free negroes were voters, and
in proportion to their numbers had the same part in making the
Constitution that the white people had. He shows this with so much
particularity as to leave no doubt of its truth; and as a sort of
conclusion on that point, holds the following language:
"The Constitution was ordained and established by the people of the
United States, through the action, in each State, of those persons who
were qualified by its laws to act thereon in behalf of themselves and all
other citizens of the State.
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