The Negro and the Nation: A History of American Slavery and EnfranchisementMerriam, George Spring
History
The Negro and the Nation: A History of American Slavery and Enfranchisement
Merriam, George Spring
African Americans -- History; Slavery -- United States -- History
President Buchanan declared in his inaugural that the people of a
Territory had a right to shape their institutions in their own way, but
as to how far that right extended before they organized as a State, the
United States Supreme Court was the proper arbiter. Two days after the
inaugural, the Supreme Court announced its decision, in a case made up
expressly to test the status of slavery in the Territories. Suit was
brought before it to obtain freedom for Dred Scott, who being held as a
slave in Missouri had been taken by his master to reside for a time in
Illinois, and afterward at Fort Snelling in unorganized territory north
of 36 degrees 30 minutes, and so free under the Missouri compromise. It
was claimed that by being taken upon free soil, in State or Territory,
he became free. The court, in an elaborate opinion delivered by
Chief-Justice Taney, dismissed the case for want of jurisdiction, on the
ground that no person of slave descent or African blood could be a
citizen of the United States or be entitled to sue in its courts. The
court affirmed that the sweeping language of the Declaration, that "all
men are born free," had no application to negroes, because at that time
they were generally regarded "as so far inferior that they had no
rights which the white man was bound to respect." The case being thus
thrown out of court, all further discussion of its merits was
superfluous--a mere _obiter dictum_, without legal force. Nevertheless,
the court through its chief-justice went on to pronounce upon the
plaintiff's claim and declare it baseless; on the ground that inasmuch
as a slave was lawful property, and the Constitution decreed that no man
should be deprived of his property without due process of law, therefore
an act of Congress declaring in effect that when carried beyond a
certain line a slave was lost to his master, was unconstitutional and
void. Thus the court set aside as invalid the exclusion of slavery from
the Territories by Congress. As to the effect of a slave's residence in
a free State by his master's act, followed by a return to a slave
State,--the court held that this question belonged properly to the
Missouri courts, which had decided against the slave's claim.
Public-domain text, read in full here on John Shaqi.
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