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A. Sanford of New York, Scott brought a similar suit in federal court. The decision of the Supreme Court of the United States in Dred Scott v. Sandford (1857) held that a black slave could not become a citizen under the U.S. Constitution based on that Scott had not become free by virtue of his residence in a territory covered by the Missouri Compromise, since that legislation was unconstitutional...
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This was viewed as a proslavery decision by the abolitionists, and the case probably hastened the coming of the Civil War. That issue aside, it was the second time that the
Court had declared an act of Congress unconstitutional, the first having occurred 54 years earlier, in Marbury vs. Madison.
The slavery debate presented supporters and opponents of the institution with two very important questions: how should fugitives from slavery be treated in jurisdictions where slavery was illegal, and should a slave brought into a free state by his master be viewed as free?
The first question was partially addressed by Article IV, Section 2 of the Constitution and by the Fugitive Slave Acts of 1793 and 1850; however the second question had not as yet been addressed...
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