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Secession Era Editorials Project

Furman University Department of History

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The U. S. Supreme Court and its Decisions.

Columbus, Ohio, State Journal [Republican]

(14 March 1857)

The United States Supreme Court consists of of nine judges. The following five, or a majority of one, adopt the decision in the Dred Scott case and its accompanying doctrines, which were read on Friday by Chief Justice Taney:--

  • Roger B. Taney of Maryland.
  • John A. Campbell of Alabama.
  • John Catron of Tennessee.
  • James H. Wayne of Georgia.
  • Peter V. Daniel of Virginia

These are all the judges who reside in the slave states. They represent and avow boldly the new opinions of their section, that slavery is a national institution, the equal of freedom, and that all prohibition of it in the territories, either by Congress or the people, is unconstitutional. The two following judges dodge the general slavery issues, and the question of the constitutionality of the Missouri Compromise, but come to the same conclusion with the majority, as to Dred Scott, i. e., that he and his family are slaves, by holding that it depended on the law of Missouri, and that declaring them slaves, they sustain it:--

  • Samuel Nelson of New York.
  • Robert C. Grier of Pennsylvania.

These men are northern democrats. Their course is consistent with the tribe of doughfaces whom they represent. There remain two judges who, alone, have manfully upheld the faith of the nation, the practice of the past, and the universal sentiment still of the North:--

  • John McLean of Ohio.
  • Benjamin R. Curtis of Massachusetts

These gentlemen were old whigs, and eminent conservatives.

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