Page:The Green Bag (1889–1914), Volume 14.pdf/611

nant with death and a league with hell," and In the excitement of the times it would those who met, or were represented, in the hardly have been possible to determine the Hartford convention, now shifted to the case upon any of the grounds considered South because of the anticipated preponder without disturbing the public tranquillity. Its effect was much intensified by the compre ance of free states in the union. When the national and confederative the hensive character of the opinion of the Chief ories of construction were formulated and Justice and by the determination of ques placed in opposition they did not in any tions which were obviously not necessary to manner concern the subject of slavery. All the determination of the rights of the par then believed and desired that the institution ties. A brief statement of the case will would be placed in the course of ultimate show at once how unnecessary to a decision extinction. Indeed, the statesman who con of the case was the decision of some of the tributed more than any other to the develop questions embraced in the opinion and how ment of the confederative theory was more utterly baseless was much of the criticism consistent in his opposition to slavery than which the case evoked. Dred Scott, a Ne with reference to any other subject. In the gro, brought suit in the courts of Missouri time of the reaction neither the decisions for his freedom, admitting that he had been referred to nor the opinions of the court or lawfully held as a slave, but claiming that the judges implied any belief or desire with his right to freedom had resulted from his respect to slavery. When the controversy having been taken by his master to reside concerning slavery arose and became fierce, first in the State of Illinois, where slavery its advocates adopted the previously formu was prohibited by the local law, and later to lated confederative theory because as they Fort Snelling, situate in the territory then thought, in view of the anticipated prepond known as Upper Louisiana, acquired by the erance of free states, a limitation of federal United States from France, and north of powers favored slavery by rendering it more the latitude 360 and 30' north, and not secure. By adopting that view they obvi embraced within the State of Missouri, in which territory slavery was prohibited by the ously hastened its doom. For more than twenty years after his ac Act of Congress of 1820, known as the Com cession Judge Taney held his way with such promise Act. The decision of the supreme dignity and propriety as to disarm criticism. court of the State of Missouri was against The aid which he gave to the narrow view Scott's claim to freedom. He then insti taken of the powers of the general govern tuted a suit in the circuit court of the United ment was neither intended nor supposed to States for the District of Missouri for the be in aid of slavery. He did not attract the same purpose, alleging as the ground of attention of those whose feelings were jurisdiction of that court that he was a citi aroused with reference to that subject, and zen of Missouri and the defendant a citizen of those who comprehended the tendency of New York. To the diversity of citizenship the reactionary decisions were a few seers necessary to give the federal court jurisdic who paid to conscience the appropriate trib tion, the citizenship of Scott was of course in ute of toleration. dispensable. On a plea of the defendant rais And then came the decision of the Su ing that question the circuit court decided in preme Court of the United States in Scott favor of Scott's citizenship and its own juris v. Sanford, famed as the Dred Scott case. diction. Proceeding then to the merits of the