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Updated: May 26, 2025
He had been brought to Fort Snelling by his master in 1836, and here he was married to Harriet, also colored, who had been sold by Major Taliaferro to the doctor. When Dr. Emerson was transferred to Missouri, he took Dred Scott with him.
Then followed the Dred Scott Case, the Civil War, and the attack on legislative authority in Hepburn v. Griswold. Straightway the Court received an admonition which it remembered for a generation.
By the irony of fate it was Chief Justice Taney of the Dred Scott Decision who inaugurated Lincoln into office, that Lincoln might later make Taney's decision forever null and void. And that no dramatic note might be wanted, both Taney and Douglas heard Lincoln plead with indescribable pathos, majesty and beauty, for the very Union whose existence their words had threatened.
Also they say the Supreme Court is always the mouthpiece of the dominant influence. That was what was said when Taney decided that Dred Scott was not a citizen. "The courts are tools of Satan, the Constitution is a league with Hell," said Garrison. He burned a copy of the Constitution on a public bonfire. That could be done then, for slavocracy only interfered with free speech in the South.
I am opposed to that decision in a certain sense, but not in the sense which he puts on it. I say that in so far as it decided in favor of Dred Scott's master, and against Dred Scott and his family, I do not propose to disturb or resist the decision. I never have proposed to do any such thing.
Then followed his demonstration, through the incidents of the Nebraska legislation, the Dred Scott decision, and present political theories and issues, which would by and by find embodiment in new laws and future legal doctrines.
Evidently the Democracy had at last found a foe at which it were best not to sneer. The Dred Scott decision immensely aided the growth of this new political power, as it was now quite generally believed in the North that the whole policy of the South was a greedy, selfish grasping for the extension of slavery. Out of this conviction, apparently, grew the John Brown raid into Virginia in 1858.
More proposed a rigid enforcement of the fugitive slave law, the repeal of personal liberty legislation, and acquiescence in the Dred Scott decision, with all future like decrees of the Supreme Court. This may be called the northern-democratic position.
James Buchanan was President. The internal policy of the party in power was expressed in the Dred Scott decision and the attempt to force slavery on Kansas; the foreign policy, in the Ostend Manifesto, which declared that if Spain would not sell Cuba, the United States would take it by force. The rule in the civil service was, "to the victors belong the spoils."
If the Dred Scott decision had been promulgated by our highest court, and the slaveholders had insisted upon the license it was intended to give them for taking their slave property into free territory, at the time that Garrison was being dragged by a mob through Boston's streets; when Birney's printing-press in Cincinnati was being tumbled into the Ohio River; when Pennsylvania Hall, the Quaker Abolitionists' forty-thousand-dollar construction, was ablaze in Philadelphia; when Lovejoy, the Abolition martyr, was bleeding out his life in one of the streets of Alton, Illinois when, in fact, the whole land was swayed by a frenzied hatred of the men and women who dared to question slavery's right to supremacy, the writer believes the movement would have been successful.
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