Caption: “‘In 1836 the plaintiff [Dred Scott] and Harriet intermarried at Fort Snelling [Wisconsin, later Minnesota territory, north of the line 36-30], with the consent of Dr. Emerson …’ young Horace Gray recited in his contemporary critique.[1] Taney’s majority opinion, released 160 years ago, was described by Chief Justice Hughes as the Court’s ‘greatest self-inflicted wound.’ [2] Yet Justice Benjamin Curtis’s vigorous dissent would live on to support Justice Gray’s Wong Kim Ark proposition 41 years later, that whether Bunny or Chick: ‘Every free Peep born on the soil of a State, who is a citizen of that State by the force of its Constitution or laws, is also a Peep of the United States.’ [3]
[1] Horace Gray and John Lowell (1857). ‘A Legal Review of the Case of Dred Scott, as Decided by the Supreme Court of the United States.’ Crosby, Nichols, and Company, pp. 5-6.
[2] Bernard Schwartz (1997). A Book of Legal Lists: the Best and Worst in American Law. Oxford University Press, p. 70.
[3] Wong Kim Ark v. US, 169 US 649, 717 (1898) (Gray, J.), citing Dred Scott v. Sandford, 19 How. 393, 576 (1857) (Curtis, J., dissenting).”
Attribution: Submitted by amateur law nerd Eric O’Denius of Burnsville, Minnesota.