Abraham Lincoln, a History — Volume 02 — John Shaqi
Abraham Lincoln, a History — Volume 02Hay, John
History
Abraham Lincoln, a History — Volume 02
Hay, John
Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography; United States -- History -- Civil War, 1861-1865
those principles which are immutable.
These utterances, it must be remembered, occurred in the year 1852,
when all slavery agitation was supposed to have been forever settled.
They show conclusively that the calm was superficial and delusive, and
that this deep-reaching contest was still, as before the adjustment of
1850, actually transforming the various institutions of society.
Gradually, and as yet unnoticed by the public, the motives disclosed
in these opinions were beginning to control courts of justice, and
popular discussion and excitement were not only shaping legislation,
but changing the tenor of legal decisions throughout the country.
Not long after the judgment by the Supreme Court of Missouri, Dred
Scott and his family were sold to a man named Sandford, who was a
citizen of New York. This circumstance afforded a ground for bringing
a similar action in a Federal tribunal, and accordingly Dred Scott
once more sued for freedom, in the United States Circuit Court at St.
Louis.[1] The case was tried in May, 1854, and a decree rendered that
they "were negro slaves, the lawful property" of Sandford. As a final
effort to obtain justice, they appealed by writ of error to the
Supreme Court of the United States, the highest judicial tribunal of
the nation.
Before this court of last resort the case was argued a first time in
the spring of 1856. The country had been for two years in a blaze of
political excitement. Civil war was raging in Kansas; Congress was in
a turmoil of partisan discussion; a Presidential election was
impending, and the whole people were anxiously noting the varying
phases of party politics. Few persons knew there was such a thing as
the Dred Scott case on the docket of the Supreme Court; but those few
appreciated the importance of the points it involved, and several
distinguished lawyers volunteered to take part in the argument.[2] Two
questions were presented to the court: First, Is Dred Scott a citizen
entitled to sue? Secondly, Did his residence at Rock Island and at
Fort Snelling, under the various prohibitions of slavery existing
there, work his freedom?
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