Eugene Field, a Study in Heredity and Contradictions — Volume 1Thompson, Slason
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Eugene Field, a Study in Heredity and Contradictions — Volume 1
Thompson, Slason
Field, Eugene, 1850-1895; Journalists -- United States -- Biography; Poets, American -- 19th century -- Biography
With this brief and bald complaint for trespass to the person and false
imprisonment was begun a long and stubbornly fought litigation,
extending over ten years, and which was destined to end in Chief
Justice Taney declaring:
They [negroes] had for more than a century before [the Declaration
of Independence] been regarded as beings of an inferior order, and
altogether unfit to associate with the white race, either in social
or political relations; and so far inferior that they had no rights
which the white man was bound to respect; and that the negro might
justly and lawfully be reduced to slavery for his benefit. He was
bought and sold and treated as an ordinary article of merchandise
and traffic whenever a profit could be made by it.
From the beginning of his connection with this case Roswell Field
contended for the broad principle enunciated by Lord Mansfield that
"Slavery is so odious that nothing can be suffered to support it but
positive law." He consented to a discontinuance of the original action
because of the variance of the complaint from the subsequently
discovered facts. In the second suit Dred Scott and his family were
declared free by the local court, but the judgment was reversed on
appeal to the Supreme Court of the state. Judge Gamble, in dissenting
from the opinion of the majority of the Court, held that "In Missouri
it has been recognized from the beginning of the Government as a
correct position in law that a master who takes his slave to reside in
a state or territory where slavery is prohibited thereby emancipates
his slave."
The subsequent sale of Dred Scott to a citizen of New York named
Sandford afforded Roswell Field the opportunity to renew the fight for
Scott's freedom in the United States Circuit Court at St. Louis. The
case was tried in May, 1854, and it was again declared that Scott and
his family "were negro slaves, the lawful property of Sandford."
Roswell Field immediately appealed by writ of error to the Supreme
Court of the United States, where the appeal was first argued early in
1856, and a second time in December of the same year. Mr. Field's
connection with the case ended when he prepared the papers on appeal
and sent his brief to Montgomery Blair, with whom was associated for
Scott on the second hearing George Ticknor Curtis. Both of these
eminent lawyers emulated the example of Eugene Field's father, who for
nearly nine years had devoted a large share of his time and energy to
the fight of a penniless negro slave for liberty.
Public-domain text, read in full here on John Shaqi.
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