[31]. Buchanan’s Defence, p. 28.
[32]. It must be remembered that this took place long before the case of “Dred Scott” had been acted upon in the Supreme Court of the United States.
[33]. Governor Walker’s despatches to the Secretary of State, July 15th, 20th and 27th, 1857.
[34]. I have more than once publicly expressed my belief that there was, technically speaking, no judicial decision in that case. But others, among them President Buchanan, always regarded it as a “decision.”
[35]. See the President’s message of February 28, 1858, submitting the Lecompton constitution. In describing the President’s views on this subject I have not only relied upon his messages and other official papers, but I have drawn them also from an elaborate private paper in his hand-writing, which is of too great length to be inserted textually in this work. It relates to the construction of the Kansas-Nebraska Act, a construction which he felt bound to adopt in consequence of the views taken of the subject of slavery in Territories by the Supreme Court, as he said in his inaugural address that he should do. In this MS., he speaks of “The infamous and unfounded assertion of Mr. ——, that in a conversation with Chief Justice Taney, he [the Chief Justice] had informed him in advance of the inaugural what the opinion [of the court] would be.”
[36]. Buchanan’s Defence, p. 45.
[37]. II U. S. Laws, p. 269. In the Senate, Mr. Douglas voted with the minority, as did a few anti-Lecompton Democrats in the House. [Congressional Globe, 1857-8, pp. 1899, 1905.] The Act was carried by a party vote.
[38]. Buchanan’s Defence, p. 46.
[39]. The Senate, although at a late period, unanimously approved of the instructions given to the Secretary of the Navy, and by him carried out. (See Congressional Globe, 1858-9, p. 3061; Senate Documents, vol. IV, p. 3, Report of the Secretary of the Navy.)
[40]. List of Claims, Senate Executive Documents, p. 18, 2d session 35th Congress, President’s Message.