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Howard, Benjamin C. (Benjamin Chew) (1791-1872) Report of the decision of the Supreme Court of the United States, and the opinions of the judges thereof, in the case of Dred Scott versus John F. A. Sandford. December term, 1856.

Benjamin Chew1905-01-30

The Gilder Lehrman Institute of American History

The Gilder Lehrman Institute of American History
New York, NY, United States

Front Cover. First edition. Printed by Cornelius Wendell. Bound with paper and string.

Details

  • Title: Howard, Benjamin C. (Benjamin Chew) (1791-1872) Report of the decision of the Supreme Court of the United States, and the opinions of the judges thereof, in the case of Dred Scott versus John F. A. Sandford. December term, 1856.
  • Creator: Howard, Benjamin Chew (1791-1872)
  • Date: 1905-01-30
  • Location: Washington, D.C.
  • Transcript:
    ...In the opinion of the Court the legislation and histories of the times, and the language used in the Declaration of Independence, show that neither the class of persons who had been imported as slaves nor their descendants, whether they had become free or not, were then acknowledged as a part of the people nor intended to be included in the general words used in that memorable instrument.... They had for more than a century before 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... And upon a full and careful consideration of the subject, the Court is of opinion that, upon the facts stated in the plea in abatement, Dred Scott was not a citizen of Missouri within the meaning of the Constitution of the United States and not entitled as such to sue in its courts.... The act of Congress, upon which the plaintiff relies, declares that slavery and involuntary servitude, except as a punishment for crime, shall be forever prohibited in all that part of the territory ceded by France, under the name of Louisiana, which lies north of thirty-six degrees thirty minutes north latitude and not included within the limits of Missouri... it is the opinion of the Court that the act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the United States north of the line therein mentioned is not warranted by the Constitution and is therefore void; and that neither Dred Scott himself, nor any of his family, were made free by being carried into this territory; even if they had been carried there by the owner with the intention of becoming a permanent resident.
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  • GLC Number: GLC01259c

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