No respectable authority at the North pretended
to uphold the keystone of Taney's argument, that slaves were regarded as
property by the Constitution. On the contrary, it was agreed everywhere
by those whose opinions were looked to with respect, that slaves were
regarded by the Constitution as "persons held to service or labor" under
the laws of the State alone; and that the laws of the State could not
give such persons a fictitious legal character outside of the State's
jurisdiction. Even the Douglas Democrats, who expressed a willingness to
yield to the Supreme Court's decision, did not profess to uphold Taney's
share in it.
As the Presidential election of 1860 drew near, the evidences of
separation became more manifest. The absorption of northern Democrats
into the Republican party increased until Douglas, in 1858, narrowly
escaped defeat in his contest with Lincoln for a re-election to the
Senate from Illinois. In 1860 the Republicans nominated Lincoln for
the Presidency on a platform demanding prohibition of slavery in
the Territories.
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