VII 191 Dred Scott: 19 Howard 393 (U.S.). An important precursor was Strader v. Graham, 10 Howard 82 (U.S.), heard in 1851. The case appeared twice before the Kentucky Court of Chancery; Graham v. Strader, 5 Ben Monroe 173 (1846); Strader v Graham, 7 Ben Monroe 633 (1847): cf. D.E. Fehrenbacher, The Dred Scott Case(New York, 1978), pp. 260ff. Roe v. Wade; 410 U.S. 113 (1973). See, e.g. L.M. Friedman, History of American Law, 2d ed. (New York, 1985), p. 671. 192 P. 452. At this point we should stop to ask the obvious question. What practical difference did it make that Story’s theory of comity, supposedly based on Huber, was not that propounded by the Frisian? The most obvious answer is that on Huber’s theory, the Dred Scott case could never have arisen, far less have come before the Supreme Court in! AndDred Scott v. Sandfordwas perhaps the Supreme Court decision that attracted most public attention, debate, and uproar until Roe v. Wade.191 There were three main issues in the Dred Scott case. First, could free blacks be citizens and thus be entitled to sue in the Supreme Court? Second, did the congressional power to govern the territories extend to the exclusion of slaves from them? Third, did Dred Scott’s residence in the free state of Illinois so affect his status that, as Chief Justice Roger Taney put it, “he was not again reduced to a state of slavery by being brought back to Missouri”?192 We are here concerned with the third issue. The basic facts were as follows: Scott had been born a slave in Virginia in and came to Missouri with his owner in . The owner died in and Scott became the property of the owner’s daughter, who sold him in Missouri to an army surgeon, John Emerson. Emerson was transferred by the War Department to Illinois in , subsequently to the Wisconsin Territory, and he returned to Missouri in. Scott went with him and returned to Missouri with him. At this state of our discussion we should ignore English and U.S. precedents and consider the issue only from the perspective of Huber’s theory.
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