While the Nebraska bill was passing through Congress, a _law case_,
involving the question of a negro's freedom, by reason of his owner
having voluntarily taken him first into a free State and then into a
Territory covered by the congressional prohibition, and held him as a
slave for a long time in each, was passing through the United States
Circuit Court for the District of Missouri; and both Nebraska bill and
law-suit were brought to a decision, in the same month of May, 1854. The
negro's name was "Dred Scott," which name now designates the decision
finally rendered in the case. Before the then next presidential
election, the law case came to, and was argued, in the Supreme Court of
the United States; but the decision of it was deferred until after the
election. Still, before the election, Senator Trumbull, on the floor of
the Senate, requested the leading advocate of the Nebraska bill to state
_his opinion_ whether the people of a Territory can constitutionally
exclude slavery from their limits, and the latter answers: "That is a
question for the Supreme Court."
The election came. Mr. Buchanan was elected, and the indorsement, such
as it was, secured. That was the second point gained. The indorsement,
however, fell short of a clear popular majority by nearly four hundred
thousand votes, and so, perhaps, was not overwhelmingly reliable and
satisfactory. The outgoing President, in his last annual message, as
impressively as possible echoed back upon the people the weight and
authority of the indorsement. The Supreme Court met again; did not
announce their decision, but ordered a reargument. The presidential
inauguration came, and still no decision of the Court; but the incoming
President in his inaugural address fervently exhorted the people to
abide by the forthcoming decision, whatever it might be. Then, in a few
days, came the decision.
The reputed author of the Nebraska bill finds an early occasion to make
a speech at this capitol, indorsing the Dred Scott decision, and
vehemently denouncing all opposition to it. The new President, too,
seizes the early occasion of the Silliman letter to indorse and strongly
construe that decision, and to express his astonishment that any
different view had ever been entertained!
Public-domain text, read in full here on John Shaqi.
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