Book/Printed Material A legal review of the case of Dred Scott, as decided by the Supreme Court of the United States
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Image 1 of A legal review of the case of Dred Scott, as decided by the … A LEGAL REVIEW OF THE CASE OF DRED SCOTT, AS DECIDED BY THE SUPREME COURT OF THE UNITED STATES. LIBRARY OF CONGRESS LAW DEPARTMENT CITY OF WASHINGTON FROM THE LAW REPORTER FOR…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 2 of A legal review of the case of Dred Scott, as decided by the … Entered according to Act of Congress, in the year 1857, by CROSBY, NICHOLS AND COMPANY, In the Clerk's Office of the District Court of the District of Massachusetts. N. B. The authors…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 3 of A legal review of the case of Dred Scott, as decided by the … THE CASE OF DRED SCOTT. * * A report of the decision of the supreme court of the United States, and the opinions of the judges thereof, in the case of Dred…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 4 of A legal review of the case of Dred Scott, as decided by the … 4 We have abstained from noticing the case till now, because we had no official report, excepting of the opinions of two of the judges. Some fault has been found with those…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 5 of A legal review of the case of Dred Scott, as decided by the … 5 they may be supposed to have existed, the dissenting justices never were in fact confronted. It is called for by this further and obvious consideration, that, should the modification or retraction…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 6 of A legal review of the case of Dred Scott, as decided by the … 6 (and since called Wisconsin, and now Minnesota Territory,) where he continued to hold the plaintiff as a slave until 1838. In 1835 Harriet was the slave of Major Taliaferro, of the…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 7 of A legal review of the case of Dred Scott, as decided by the … 7 this investigation, we would refer to the well settled rule of law, that an adjudged case is entitled to weight as authority upon those points only which were necessary to its…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 8 of A legal review of the case of Dred Scott, as decided by the … 8 that the court, this time, undertook to decide at least every'thing within its reach. The head note to the Passenger Cases, which we copy here for convenience of comparison, is as…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 9 of A legal review of the case of Dred Scott, as decided by the … 9 and, “for the reasons above stated, concurs with his brother judges” in the judgment. Mr. Justice McLean and Mr. Justice Curtis wholly dissent. It thus appears that the Chief Justice speaks…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 10 of A legal review of the case of Dred Scott, as decided by the … 10 arguments founded on such positions as the following: “The only private property which the Constitution has specifically recognized, and has imposed it as a direct obligation both on the States and…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 11 of A legal review of the case of Dred Scott, as decided by the … 11 writ of error at once. If, on the other hand, not only this interlocutory judgment, but also the judgment on the merits, had been against the defendant, he might, on a…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 12 of A legal review of the case of Dred Scott, as decided by the … 12 upon it, (pp. 458, 469, 493, 518.) Only the Chief Justice and Justices Wayne, Daniel, and Curtis, considered the point; but the last did not deem it a good answer to…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 13 of A legal review of the case of Dred Scott, as decided by the … 13 thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the government through their representatives. They are what…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 14 of A legal review of the case of Dred Scott, as decided by the … 14 power to confer those rights on persons born in other States of the Union, who are not recognized as citizens in their native State. He then shows that, in several States,…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 15 of A legal review of the case of Dred Scott, as decided by the … 15 electors in such manner as the State legislatures may appoint. The only instances, in which the Constitution speaks of “a citizen of the United States,” are in fixing the qualifications of…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 16 of A legal review of the case of Dred Scott, as decided by the … 16 “subjects,” and “inhabitants,” as entirely synonymous and convertible terms. This is sufficiently shown by the following articles of the Declaration of Rights, prefixed to that Constitution: “ All men are born…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 17 of A legal review of the case of Dred Scott, as decided by the … 17 grandmothers and aunts; yet these respected relatives are not without the pale of the Constitution. Well may Mr. Justice Curtis remark, as he does on page 574, “An argument from speculative…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 18 of A legal review of the case of Dred Scott, as decided by the … 18 which there is no express constitutional or statute declaration to the contrary. Blacks, whether born free or in bondage, if born under the jurisdiction and allegiance of the United States, are…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 19 of A legal review of the case of Dred Scott, as decided by the … 19 born within the allegiance of the British king. Upon the Revolution, no other change took place in the law of North Carolina than was consequent upon the transition from a colony…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 20 of A legal review of the case of Dred Scott, as decided by the … 20 We have thus shown that in many of the States, at and since the time of the adoption of the federal Constitution, free negroes have not only been recognized as citizens,…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 21 of A legal review of the case of Dred Scott, as decided by the … 21 nor intended to be included in the general words used in that memorable instrument.” p. 407. Free negroes have also been admitted as citizens by every treaty, by which the United…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 22 of A legal review of the case of Dred Scott, as decided by the … 22 of the same class or description under like circumstances. But precisely what rights are guarantied by this clause, or how it is to be enforced, has never been judicially determined, nor…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 23 of A legal review of the case of Dred Scott, as decided by the … 23 States a partial representation for their slaves, and that such has been the practical construction for nearly seventy years; but if even free negroes are not to be counted as persons,…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 24 of A legal review of the case of Dred Scott, as decided by the … 24 action, and not in the county where the manor is; and this is in favor of liberty.” To which Lord Coke adds, quoting from Chief Justice Fortescue: “ Impius et crudelis…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 25 of A legal review of the case of Dred Scott, as decided by the … 25 not arise in the federal courts within any State, between these parties, nor indeed in any suit to which a descendant of negro slaves was a party. And this disposes of…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 26 of A legal review of the case of Dred Scott, as decided by the … 26 residence in the Territory, for his stay in each place was for an equal time, and for similar purposes. The whole case being thus disposed of, the opinion on the Missouri…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 27 of A legal review of the case of Dred Scott, as decided by the … 27 There being no judicial decision of this point, the individual opinions of the judges are severally entitled to the weight due to the intrinsic strength of reasoning of each, and to…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 28 of A legal review of the case of Dred Scott, as decided by the … 28 of the United States on an equal footing with the original States in all respects whatever,” and also including a number of provisions, in the nature of a Bill of Rights,…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 29 of A legal review of the case of Dred Scott, as decided by the … 29 exercised by congress? It has usually been found in that clause of the Constitution which we have just cited, granting power to congress “to make all needful rules and regulations respecting…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 30 of A legal review of the case of Dred Scott, as decided by the … 30 eemed indispensable to the purposes of the cessions made by the States.” 2 Story on the Constitution, § 1325. In no previous case in the courts has it been even suggested…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 31 of A legal review of the case of Dred Scott, as decided by the … 31 be derived, the possession of it is unquestioned.” 1 Peters, 542, 543. And the court accordingly held that the power of congress was so general, that it might establish a local…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 32 of A legal review of the case of Dred Scott, as decided by the … 32 Peters, as repeating and reaffirming what had been there decided. Gross v. Harrison, 16 Howard, 193, 194. The opinions of the judges who maintain that congress had no power to prohibit…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 33 of A legal review of the case of Dred Scott, as decided by the … 33 conflict with all judicial and legislative precedent, as appears from the summary which we have already given. And Mr. Justice Campbell himself refutes his own argument by admitting that congress may…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 34 of A legal review of the case of Dred Scott, as decided by the … 34 should be more restricted than if it had been expressly granted. Mr. Justice Catron expressly admits the general power of congress, saying: “More than sixty years have passed away since congress…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 35 of A legal review of the case of Dred Scott, as decided by the … 35 . Calhoun in 1847, when this doctrine was first broached, which is to this effect: That the Territories are acquired by the common blood and treasure, and are to be held…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 36 of A legal review of the case of Dred Scott, as decided by the … 36 the prohibition of slavery in a Territory Of the United States is a violation of the provision of the Constitution, that “No person shall be deprived of life, liberty, or property…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 37 of A legal review of the case of Dred Scott, as decided by the … 37 might have been in the country of his birth, or of that in which he had been previously domiciled, unless it is also recognized by the laws of the country of…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 38 of A legal review of the case of Dred Scott, as decided by the … 38 for ill usage, and may have a habeas corpus, if restrained of his liberty. Bill dismissed, with costs.” Shanley v. Harvey, 2 Eden, 126. Even Lord Stowell, who thought that a…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 39 of A legal review of the case of Dred Scott, as decided by the … 39 residing there, either temporarily or permanently, is entitled to claim his freedom there, we come to a question upon which there is a greater conflict of authority, namely, what is the…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
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Image 40 of A legal review of the case of Dred Scott, as decided by the … 40 condition is contrary to the policy of the State to which he returns. And this seems to be the result of all the rules laid down in Huberus de conflictu legum,…- Contributor: Gray, Horace - Lowell, John
- Date: 1857
About this Item
Title
- A legal review of the case of Dred Scott, as decided by the Supreme Court of the United States
Names
- Gray, Horace, 1828-1902
- Lowell, John, 1824-1897
Created / Published
- Boston : Crosby, Nichols, and Company, 1857.
Headings
- - Scott, Dred,--1809-1858--Trials, litigation, etc
- - Sanford, John F. A.,--1806 or 1807-1857--Trials, litigation, etc
- - Slavery--Law and legislation--United States
- - Slavery--United States--Legal status of enslaved persons in free states
- - African Americans--Civil rights
Notes
- - "From the Law reporter for June, 1857."
- - Written by Horace Gray and John Lowell.
Medium
- 62 p. ; 25 cm.
Call Number/Physical Location
- KF4545.S5 G738 1857
Digital Id
Library of Congress Control Number
- 22004418
Online Format
- online text
- image