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To: DiogenesLamp
He was when he tried to leave. The Laws of the State in which he was held in bondage recognize him as such I am sure. That brings into effect the above provision from Article IV.

Scott did not attempt to leave anywhere. He did not run away or even attempt to run away. The State circuit court, in a slave state said that based on the facts of the case, Scott was free. He never tried to run away and the Fugitive Slave Clause never was a factor in the case.

You still don't comprehend what the case was about and why Taney's decision was such a disaster.

846 posted on 09/01/2015 8:14:56 PM PDT by Ditto
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To: Ditto
Scott did not attempt to leave anywhere. He did not run away or even attempt to run away. The State circuit court, in a slave state said that based on the facts of the case, Scott was free. He never tried to run away and the Fugitive Slave Clause never was a factor in the case.

He did not try to flee in the physical sense, but he did in the legal sense. Obviously the case got appealed until it reached Federal court and eventually the supreme, and then it was decided in accordance with the existing law of that time.

State courts do not control precedent for Federal courts.

You still don't comprehend what the case was about and why Taney's decision was such a disaster.

The disaster was that provision in article IV which the Northern states voluntarily agreed to, and then used every trick of which they could think to get out of that devil's bargain.

They either should have not agreed with it, or not Unionized with Slave states.

847 posted on 09/01/2015 8:46:40 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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