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Nicolay, John George, 1832-1901

"Hay's Abraham Lincoln: A History"

James Buchanan was elected
President to succeed Pierce; the Senate continued, as before, to have a
decided Democratic majority; and a clear Democratic majority of
twenty-five was chosen to the House of Representatives to succeed the
heavy opposition majority of the previous Congress.
Though the new House did not organize till a year after it was elected,
the certainty of its coming action was sufficient not only to restore,
but greatly to accelerate the pro-slavery reaction begun by the repeal
of the Missouri Compromise. This impending drift of national policy now
received a powerful impetus by an act of the third cooerdinate branch,
the judicial department of the government.
Very unexpectedly to the public at large, the Supreme Court of the
United States, a few days after Buchanan's inauguration, announced its
judgment in what quickly became famous as the Dred Scott decision. Dred
Scott, a negro slave in Missouri, sued for his freedom on the ground
that his master had taken him to reside in the State of Illinois and
the Territory of Wisconsin, where slavery was prohibited by law. The
question had been twice decided by Missouri courts, once for and then
against Dred Scott's claim; and now the Supreme Court of the United
States, after hearing the case twice elaborately argued by eminent
counsel, finally decided that Dred Scott, being a negro, could not
become a citizen, and therefore was not entitled to bring suit.


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