[Abraham Lincoln, A History, Volume 2 by John George Nicolay and John Hay]@TWC D-Link book
Abraham Lincoln, A History, Volume 2

CHAPTER IV
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Few persons knew there was such a thing as the Dred Scott case on the docket of the Supreme Court; but those few appreciated the importance of the points it involved, and several distinguished lawyers volunteered to take part in the argument.[2] Two questions were presented to the court: First, Is Dred Scott a citizen entitled to sue?
Secondly, Did his residence at Rock Island and at Fort Snelling, under the various prohibitions of slavery existing there, work his freedom?
The Supreme Court was composed of nine justices; namely, Chief-Justice Taney and Associate Justices McLean, Wayne, Catron, Daniel, Nelson, Grier, Curtis, and Campbell.

There was at once manifested among the judges not only a lively interest in the questions presented, but a wide difference of views as to the manner of treating them.
Consultations of the Supreme Court are always shrouded in inviolable secrecy, but the opinions afterwards published indicate that the political aspects of slavery, which were then convulsing the country, from the very first found a certain sympathy and reflection in these grave judicial deliberations.

The discussions yet turned upon certain merely technical rules to be applied to the pleadings under review; and ostensibly to give time for further examination, the case was postponed and a re-argument ordered for the next term.

It may, however, be suspected that the nearness of the Presidential election had more to do with this postponement than did the exigencies of the law.[3] [Illustration: ROGER B.TANEY.] The Presidential election came, and Mr.Buchanan was chosen.

Soon after, the court met to begin its long winter term; and about the middle of December, 1856, the Dred Scott case was once more elaborately argued.


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