Publications - Nebraska State Historical Society Volume 6

Publications - Nebraska State Historical Society Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...of the high partisan feeling carried a judge of the highest court in the land, so that he formulated a dicta sustaining the principle that the Declaration of Independence was untrue. This dicta was no part of the decision of the court and no special attack was made upon the decision of the court which simply decided that Dred Scott under the laws of Missouri was a slave and not a citizen, and therefore could not sue in the courts of the United States; but the attack Seward and Lincoln made, was upon the dicta that went outside the case, and assumed that the Constitution protected slavery, that it was National and not local, and that all the Territories were slave and not free. The decision of the court was respected; the dicta was denounced. What I mean by dicta is that which is said outside of what it is necessary to decide: the reasoning of the judge that makes the decision. One of the supreme judges of the United States asked the question: "Do you agree always to what the party who makes the decision says in the decision?" and he said, "No, if we did there would be no decisions made. We agree upon what the decision shall be, and then allow the man that makes it to give his own reasons." I recollect once of hearing a remark regarding one of Ohio's distinguished jurists, that he never failed to make a right decision, and never failed to give a wrong reason for it. The Dred-Scott decision should not have occupied more than five lines of printed matter, nor did it; the dicta covers fifty-six pages of closely printed matter, made for political effect, and whilst by the unwritten laws of America the American people are bound to respect the decision of this, the highest court, they had a right to criticise in a manly more

Product details

  • Paperback | 72 pages
  • 189 x 246 x 4mm | 145g
  • United States
  • English
  • black & white illustrations
  • 1236884086
  • 9781236884084