d, Wales, and Scotland.
(90) In 1870 the Spanish Government enacted a law emancipating
all slaves in Cuba over sixty years of age, and declaring all free
who were born after the enactment. In 1886 but 25,000 slaves
remained, and these were emancipated _en masse_ by a decree of the
Spanish Cortes. The last vestige of slavery (the patronato system)
was swept away by a royal decree dated October 7, 1886.
(91) But see _Service in Spanish War_, Appendix A.
XIX
DRED SCOTT CASE--1857
On March 6, 1857, two days after Buchanan was inaugurated President
of the United States, the famous Dred Scott case was decided.
Chief-Justice Taney of Maryland, Justices Wayne of Georgia, Catron
of Tennessee, Daniel of Virginia, Campbell of Alabama, Grier of
Pennsylvania, and Nelson of New York concurred in the decision,
though some of them only in a qualified way.
Chief-Justice Taney read the opinion of the court.
Justices McLean of Ohio and Curtis of Massachusetts dissented on
all points. All the justices read opinions at length.(93)
Chief-Justice Taney was a devout Roman Catholic, given much to
letters, of great industry, and generally regarded as a great
jurist. When the case was decided he was nearly eighty years of
age, and he was then, in the distracted condition of the country,
deeply imbued with the idea that the Supreme Court had the power
to and could settle the slavery question.
All the other justices were eminent jurists and men of learning.
The decision reached marked an epoch in American history, and it
gave slavery an apparent perpetual lease of life; this was, however,
only apparent.
The case was twice argued by eminent lawyers; Blair and G. F. Curtis
for Dred Scott, and by Geyer and Johnson for the defendant.
Dred Scott brought a suit in the United States Circuit Court in
Missouri for trespass against one Sanford, charging him with assault
on him, his wife, and two children--in fact, for his and their
freedom.
The facts, as agreed, were as follows:
"In the year 1834, the plaintiff (Dred Scott) was a negro slave
belonging to Dr. Emerson, who was a surgeon in the army of the
United States. In that year, 1834, said Dr. Emerson took the
plaintiff from the State of Missouri to the military post at Rock
Island, in the State of Illinois, and held him there as a slave
until the month of April or May, 1836. At the time last mentioned,
said Dr. Emerson removed the plaintiff from said military po
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