A very good+ copy, wrappers mildly worn, mainly along the spine. 62 pp. 8vo. Sabin 78260. LCP Afro-Americana, 4232. Dumond p. 61. Cohen 11882. Work p. 345. Eleven years earlier, Dred Scott sued for his freedom in one of the most famous of all Supreme Court cases, one he lost and which ultimately led to the Civil War. "One of the earliest and best argued legalistic attacks on Chief Justice Taney's opinion in Dred Scott. It first appeared as an article in the June 1857 issue of the Law Reporter, which at that time was edited by Lowell… . Both authors were bright young men in the legal profession. Lowell ultimately became a federal district judge and Gray would spend twenty-one years as an associate Justice of the U.S. Supreme Court. Although Gray and Lowell are quite mild in their criticism of Taney, the pamphlet is an excellent example of how conservative Northern lawyers were appalled by the partisan and unjudicial [sic] nature of Taney's opinion. They suggest that his opinion 'is unworthy of the reputation of that great magistrate (p.9). In dissecting Taney's opinion, they present several arguments: (1) They argue that Negroes could be citizens of the U.S. This is primarily a historical argument taken mostly from Justice Curtis' dissent. (2) If Taney is correct in his assertion that the Supreme Court has no jurisdiction in the case, because a black man cannot sue in federal court, then he also has no right to examine the merits of the case. (3) Congress has the right to regulate the territories. (4) The Somerset rule is good law in the United States and thus any slave brought into a free jurisdiction by his master becomes free the moment that slaves touches free soil. (5) The U.S. Supreme court does not have to follow the rule on Dred Scott's status as decided by the Missouri Supreme Court… " Paul Finkelman (Slavery in the Courtroom: an Annotated Bibliography of American Cases, pp. 51-52). ABPC shows only one at auction in the last quarter century.
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