POLITICAL ALIGNMENT DEEPENS THE CRISIS
DRED-SCOTT DECISION Attempt by the Supreme Court to end the controversy over slave or free states
From Library of Congress Prints and Photographs Dred Scott and his wife sued for their freedom because they had lived for 9 years in free territory. The decision had more to do with property rights than whether they deserved their freedom.
DRED-SCOTT Was a slave whose master had taken him into free territory With the help of Northern abolitionists, Scott sued his master for his freedom claiming once free, always free.
THREE MAIN QUESTIONS BEFORE THE COURT As a black man, was Scott a citizen with a right to sue in federal court? Had prolonged residence (two years in each place) in a free state and a free territory made Scott free? Was Fort Snelling actually free territory that is, did Congress in 1820 have the right to ban slavery in the Louisiana Purchase north of 36º 30?
DRED-SCOTT DECISION The Supreme Court decided that African Americans Were not citizens of the United States Had no right to sue the US Had no rights at all Were property and property could not be taken away from the government
DRED-SCOTT DECISION The court also said that the Missouri Compromise was unconstitutional because you could not limit where owners took their property. This did not end the controversy of slavery. It also worried Northerners because they feared the court would outlaw slavery in their states and would end popular sovereignty limiting democracy
WHAT DID CHIEF JUSTICE ROGER B. TANEY RULE IN 1857 ON THE DRED SCOTT CASE? Scott was not a citizen and could not sue in U.S. courts Scott was bound by Missouri s slave code because he lived in Missouri and his time in free territory did not matter He said Congress could not ban slaves in any territory since they were property and protected under rights of property owners in Constitution
THE CONTINUED DESCENT TO WAR November 7, 1837 Elijah P. Lovejoy September 9, 1850-- Compromise of 1850 signed by Millard Fillmore March 20, 1852 Uncle Tom s Cabin published May 30, 1854 the Kansas-Nebraska Act passed and signed by Franklin Pierce October 15, 1854 Ostend Manifesto May 22, 1856 The Caning of Charles Sumner March 6, 1857--Supreme Court Rules in Dred Scott case October 17, 1859--Descending on Harper s Ferry in the early hours, John Brown and his men capture prominent citizens and seize the federal armory and arsenal
ABRAHAM LINCOLN If we could first know where we are and whither we are tending, we could better judge what to do and how to do it. We are now far into the fifth year since a policy was initiated with the avowed object and confident promise of putting an end to slavery agitation. Under the operation of that policy, that agitation has not only not ceased but has constantly augmented. In my opinion, it will not cease until a crisis shall have been reached and passed. "A house divided against itself cannot stand." I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved; I do not expect the house to fall; but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of slavery will arrest the further spread of it and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction, or its advocates will push it forward till it shall become alike lawful in all the states, old as well as new, North as well as South. Excerpt from Abraham Lincoln's speech, "A House Divided June 16, 1858
LINCOLN- DOUGLAS DEBATES IN 1858 Series of formal political debates between Abraham Lincoln and Stephen A. Douglas Campaign for one of Illinois' two United States Senate seats Lincoln lost the election Debates probably launched him into national prominence which eventually led to his election as President of the United States.
STEPHEN DOUGLAS The next question propounded to me by Mr. Lincoln is, can the people of a Territory in any lawful way, against the wishes of any citizen of the United States, exclude slavery from their limits prior to the formation of a State Constitution? I answer emphatically, as Mr. Lincoln has heard me answer a hundred times from every stump in Illinois, that in my opinion the people of a Territory can, by lawful means, exclude slavery from their limits prior to the formation of a State Constitution. Mr. Lincoln knew that I had answered that question over and over again. He heard me argue the Nebraska bill on that principle all over the State in 1854, in 1855, and in 1856, and he has no excuse for pretending to be in doubt as to my position on that question. It matters not what way the Supreme Court may hereafter decide as to the abstract question whether slavery may or may not go into a Territory under the Constitution, the people have the lawful means to introduce it or exclude it as they please, for the reason that slavery cannot exist a day or an hour anywhere, unless it is supported by local police regulations. Those police regulations can only be established by the local legislature, and if the people are opposed to slavery they will elect representatives to that body who will by unfriendly legislation effectually prevent the introduction of it into their midst. If, on the contrary, they are for it, their legislation will favor its extension. Hence, no matter what the decision of the Supreme Court may be on that abstract question, still the right of the people to make a slave Territory or a free Territory is perfect and complete under the Nebraska bill. I hope Mr. Lincoln deems my answer satisfactory on that point. Excerpt from Stephen Douglas's Freeport Doctrine speech at Freeport, Illinois, August 27, 1858
Expansion of slavery Popular sovereignty Dred Scott decision African American citizenship
STEPHAN DOUGLAS, DEMOCRAT In 1858, incumbent Democrat Senator, having been elected in 1847 Had chaired the Senate Committee on Territories Had helped enact the Compromise of 1850 Proponent of Popular Sovereignty Responsible for the Kansas- Nebraska Act of 1854
DRED SCOTT AFTERMATH
ABRAHAM LINCOLN, REPUBLICAN Relative unknown at the beginning of the debates US could not survive as halfslave and half-free states Debates drew the attention of the entire nation. Although Lincoln would lose the Senate race in 1858, he would beat Douglas out in the 1860 race for the US Presidency
THE CONTINUED DESCENT TO WAR November 7, 1837 Elijah P. Lovejoy September 9, 1850-- Compromise of 1850 signed by Millard Fillmore March 20, 1852 Uncle Tom s Cabin published May 30, 1854 the Kansas-Nebraska Act passed and signed by Franklin Pierce October 15, 1854 Ostend Manifesto May 22, 1856 The Caning of Charles Sumner March 6, 1857--Supreme Court Rules in Dred Scott case October 17, 1859--Descending on Harper s Ferry in the early hours, John Brown and his men capture prominent citizens and seize the federal armory and arsenal November 6, 1860 Abraham Lincoln is elected as the 16 th President of the United States