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Updated: May 26, 2025
Lincoln for resisting the decision of the Supreme Court in the Dred Scott case * because it deprives the Negro of the privileges, immunities and rights of citizenship which pertain, according to that decision, only to the White man," Mr. Douglas also took exception thus: "I am free to say to you that in my opinion this Government of ours is founded on the White basis.
Douglas, it will be remembered, had started with the principle that slavery in the Territories formed a question for the people of each territory to decide; he had felt bound to accept the doctrine underlying the Dred Scott judgments, according to which slavery was by the Constitution lawful in all territories; pressed by Lincoln, he had tried to reconcile his original position with this doctrine by maintaining that while slavery was by the Constitution lawful in every Territory it was nevertheless lawful for a Territorial Legislature to make slave-owning practically impossible.
The Supreme Court in 1857, in the Dred Scott decision, held that a slave was not a citizen and had no standing in the law, that Congress had no right to prohibit slavery in the territories, and that the constitution guaranteed slave property.
Let anyone who doubts, carefully contemplate that now almost complete legal combination piece of machinery, so to speak compounded of the Nebraska doctrine and the Dred Scott decision.
Emerson, a surgeon in the United States Army, who had taken him, in the performance of his official duties, to Illinois, and thence to Minnesota. Returning with him to Missouri, Dred Scott was whipped, and claiming that he had secured his freedom by a residence in a free State and a free Territory, he brought suit for assault and battery. Meanwhile Dr.
Now a case came before the august tribunal which gave opportunity for the judges to say whether slavery could be prohibited by federal authority in the public domain. Dred Scott, a slave belonging to a Missouri master, had been carried into Minnesota and there held in bondage. He sued for his freedom on the ground that slavery was unlawful in free territory, under the Compromise.
Respectable in capacity but feeble in will, he easily submitted to control and guidance from a few Southern leaders of superior intellectual force. In his inaugural, he sought to prepare public opinion for obedience to the Dred Scott decision, and since its publication he had undertaken to interpret its scope and effect.
The flutes of Lydia hushed before their voice, Before the messengers the "Highest" sprung The god against the marble pillars, wrung By the dred words, striking his brow, and thrice Cried he aloud in anguish "Varus! Varus! Give back my legions, Varus!"
This determined, the Federal courts were bound to follow the State's decision. The Supreme Court of Missouri had decided Dred Scott to be a slave. In two cases tried since, the same judgment had been given. Though former decisions had been otherwise, this must now be admitted as "the settled law of the State," which, he said, "is conclusive of the case in this court."
Such were the main thoughts which would be found to animate the whole of Lincoln's notable campaign, beginning with his first encounter with Douglas in 1855 and culminating in his prolonged duel with him in the autumn of 1858. It is unnecessary here to follow the complexities, especially in regard to the Dred Scott judgments, through which the discussion wandered.
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