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U.S. History

14.3 The Dred Scott Decision and Sectional Strife

U.S. History14.3 The Dred Scott Decision and Sectional Strife
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Table of contents
  1. Preface
  2. 1 The Americas, Europe, and Africa Before 1492
    1. Introduction
    2. 1.1 The Americas
    3. 1.2 Europe on the Brink of Change
    4. 1.3 West Africa and the Role of Slavery
    5. Key Terms
    6. Summary
    7. Review Questions
    8. Critical Thinking Questions
  3. 2 Early Globalization: The Atlantic World, 1492–1650
    1. Introduction
    2. 2.1 Portuguese Exploration and Spanish Conquest
    3. 2.2 Religious Upheavals in the Developing Atlantic World
    4. 2.3 Challenges to Spain’s Supremacy
    5. 2.4 New Worlds in the Americas: Labor, Commerce, and the Columbian Exchange
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  4. 3 Creating New Social Orders: Colonial Societies, 1500–1700
    1. Introduction
    2. 3.1 Spanish Exploration and Colonial Society
    3. 3.2 Colonial Rivalries: Dutch and French Colonial Ambitions
    4. 3.3 English Settlements in America
    5. 3.4 The Impact of Colonization
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  5. 4 Rule Britannia! The English Empire, 1660–1763
    1. Introduction
    2. 4.1 Charles II and the Restoration Colonies
    3. 4.2 The Glorious Revolution and the English Empire
    4. 4.3 An Empire of Slavery and the Consumer Revolution
    5. 4.4 Great Awakening and Enlightenment
    6. 4.5 Wars for Empire
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  6. 5 Imperial Reforms and Colonial Protests, 1763-1774
    1. Introduction
    2. 5.1 Confronting the National Debt: The Aftermath of the French and Indian War
    3. 5.2 The Stamp Act and the Sons and Daughters of Liberty
    4. 5.3 The Townshend Acts and Colonial Protest
    5. 5.4 The Destruction of the Tea and the Coercive Acts
    6. 5.5 Disaffection: The First Continental Congress and American Identity
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  7. 6 America's War for Independence, 1775-1783
    1. Introduction
    2. 6.1 Britain’s Law-and-Order Strategy and Its Consequences
    3. 6.2 The Early Years of the Revolution
    4. 6.3 War in the South
    5. 6.4 Identity during the American Revolution
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  8. 7 Creating Republican Governments, 1776–1790
    1. Introduction
    2. 7.1 Common Sense: From Monarchy to an American Republic
    3. 7.2 How Much Revolutionary Change?
    4. 7.3 Debating Democracy
    5. 7.4 The Constitutional Convention and Federal Constitution
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  9. 8 Growing Pains: The New Republic, 1790–1820
    1. Introduction
    2. 8.1 Competing Visions: Federalists and Democratic-Republicans
    3. 8.2 The New American Republic
    4. 8.3 Partisan Politics
    5. 8.4 The United States Goes Back to War
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  10. 9 Industrial Transformation in the North, 1800–1850
    1. Introduction
    2. 9.1 Early Industrialization in the Northeast
    3. 9.2 A Vibrant Capitalist Republic
    4. 9.3 On the Move: The Transportation Revolution
    5. 9.4 A New Social Order: Class Divisions
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  11. 10 Jacksonian Democracy, 1820–1840
    1. Introduction
    2. 10.1 A New Political Style: From John Quincy Adams to Andrew Jackson
    3. 10.2 The Rise of American Democracy
    4. 10.3 The Nullification Crisis and the Bank War
    5. 10.4 Indian Removal
    6. 10.5 The Tyranny and Triumph of the Majority
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  12. 11 A Nation on the Move: Westward Expansion, 1800–1860
    1. Introduction
    2. 11.1 Lewis and Clark
    3. 11.2 The Missouri Crisis
    4. 11.3 Independence for Texas
    5. 11.4 The Mexican-American War, 1846–1848
    6. 11.5 Free or Slave Soil? The Dilemma of the West
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  13. 12 Cotton is King: The Antebellum South, 1800–1860
    1. Introduction
    2. 12.1 The Economics of Cotton
    3. 12.2 African Americans in the Antebellum United States
    4. 12.3 Wealth and Culture in the South
    5. 12.4 The Filibuster and the Quest for New Slave States
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  14. 13 Antebellum Idealism and Reform Impulses, 1820–1860
    1. Introduction
    2. 13.1 An Awakening of Religion and Individualism
    3. 13.2 Antebellum Communal Experiments
    4. 13.3 Reforms to Human Health
    5. 13.4 Addressing Slavery
    6. 13.5 Women’s Rights
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  15. 14 Troubled Times: the Tumultuous 1850s
    1. Introduction
    2. 14.1 The Compromise of 1850
    3. 14.2 The Kansas-Nebraska Act and the Republican Party
    4. 14.3 The Dred Scott Decision and Sectional Strife
    5. 14.4 John Brown and the Election of 1860
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  16. 15 The Civil War, 1860–1865
    1. Introduction
    2. 15.1 The Origins and Outbreak of the Civil War
    3. 15.2 Early Mobilization and War
    4. 15.3 1863: The Changing Nature of the War
    5. 15.4 The Union Triumphant
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  17. 16 The Era of Reconstruction, 1865–1877
    1. Introduction
    2. 16.1 Restoring the Union
    3. 16.2 Congress and the Remaking of the South, 1865–1866
    4. 16.3 Radical Reconstruction, 1867–1872
    5. 16.4 The Collapse of Reconstruction
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  18. 17 Go West Young Man! Westward Expansion, 1840-1900
    1. Introduction
    2. 17.1 The Westward Spirit
    3. 17.2 Homesteading: Dreams and Realities
    4. 17.3 Making a Living in Gold and Cattle
    5. 17.4 The Assault on American Indian Life and Culture
    6. 17.5 The Impact of Expansion on Chinese Immigrants and Hispanic Citizens
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  19. 18 Industrialization and the Rise of Big Business, 1870-1900
    1. Introduction
    2. 18.1 Inventors of the Age
    3. 18.2 From Invention to Industrial Growth
    4. 18.3 Building Industrial America on the Backs of Labor
    5. 18.4 A New American Consumer Culture
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  20. 19 The Growing Pains of Urbanization, 1870-1900
    1. Introduction
    2. 19.1 Urbanization and Its Challenges
    3. 19.2 The African American “Great Migration” and New European Immigration
    4. 19.3 Relief from the Chaos of Urban Life
    5. 19.4 Change Reflected in Thought and Writing
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  21. 20 Politics in the Gilded Age, 1870-1900
    1. Introduction
    2. 20.1 Political Corruption in Postbellum America
    3. 20.2 The Key Political Issues: Patronage, Tariffs, and Gold
    4. 20.3 Farmers Revolt in the Populist Era
    5. 20.4 Social and Labor Unrest in the 1890s
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  22. 21 Leading the Way: The Progressive Movement, 1890-1920
    1. Introduction
    2. 21.1 The Origins of the Progressive Spirit in America
    3. 21.2 Progressivism at the Grassroots Level
    4. 21.3 New Voices for Women and African Americans
    5. 21.4 Progressivism in the White House
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  23. 22 Age of Empire: American Foreign Policy, 1890-1914
    1. Introduction
    2. 22.1 Turner, Mahan, and the Roots of Empire
    3. 22.2 The Spanish-American War and Overseas Empire
    4. 22.3 Economic Imperialism in East Asia
    5. 22.4 Roosevelt’s “Big Stick” Foreign Policy
    6. 22.5 Taft’s “Dollar Diplomacy”
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  24. 23 Americans and the Great War, 1914-1919
    1. Introduction
    2. 23.1 American Isolationism and the European Origins of War
    3. 23.2 The United States Prepares for War
    4. 23.3 A New Home Front
    5. 23.4 From War to Peace
    6. 23.5 Demobilization and Its Difficult Aftermath
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  25. 24 The Jazz Age: Redefining the Nation, 1919-1929
    1. Introduction
    2. 24.1 Prosperity and the Production of Popular Entertainment
    3. 24.2 Transformation and Backlash
    4. 24.3 A New Generation
    5. 24.4 Republican Ascendancy: Politics in the 1920s
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  26. 25 Brother, Can You Spare a Dime? The Great Depression, 1929-1932
    1. Introduction
    2. 25.1 The Stock Market Crash of 1929
    3. 25.2 President Hoover’s Response
    4. 25.3 The Depths of the Great Depression
    5. 25.4 Assessing the Hoover Years on the Eve of the New Deal
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  27. 26 Franklin Roosevelt and the New Deal, 1932-1941
    1. Introduction
    2. 26.1 The Rise of Franklin Roosevelt
    3. 26.2 The First New Deal
    4. 26.3 The Second New Deal
    5. Key Terms
    6. Summary
    7. Review Questions
    8. Critical Thinking Questions
  28. 27 Fighting the Good Fight in World War II, 1941-1945
    1. Introduction
    2. 27.1 The Origins of War: Europe, Asia, and the United States
    3. 27.2 The Home Front
    4. 27.3 Victory in the European Theater
    5. 27.4 The Pacific Theater and the Atomic Bomb
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  29. 28 Post-War Prosperity and Cold War Fears, 1945-1960
    1. Introduction
    2. 28.1 The Challenges of Peacetime
    3. 28.2 The Cold War
    4. 28.3 The American Dream
    5. 28.4 Popular Culture and Mass Media
    6. 28.5 The African American Struggle for Civil Rights
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  30. 29 Contesting Futures: America in the 1960s
    1. Introduction
    2. 29.1 The Kennedy Promise
    3. 29.2 Lyndon Johnson and the Great Society
    4. 29.3 The Civil Rights Movement Marches On
    5. 29.4 Challenging the Status Quo
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  31. 30 Political Storms at Home and Abroad, 1968-1980
    1. Introduction
    2. 30.1 Identity Politics in a Fractured Society
    3. 30.2 Coming Apart, Coming Together
    4. 30.3 Vietnam: The Downward Spiral
    5. 30.4 Watergate: Nixon’s Domestic Nightmare
    6. 30.5 Jimmy Carter in the Aftermath of the Storm
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  32. 31 From Cold War to Culture Wars, 1980-2000
    1. Introduction
    2. 31.1 The Reagan Revolution
    3. 31.2 Political and Cultural Fusions
    4. 31.3 A New World Order
    5. 31.4 Bill Clinton and the New Economy
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  33. 32 The Challenges of the Twenty-First Century
    1. Introduction
    2. 32.1 The War on Terror
    3. 32.2 The Domestic Mission
    4. 32.3 New Century, Old Disputes
    5. 32.4 Hope and Change
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  34. A | The Declaration of Independence
  35. B | The Constitution of the United States
  36. C | Presidents of the United States of America
  37. D | U.S. Political Map
  38. E | U.S. Topographical Map
  39. F | United States Population Chart
  40. G | Further Reading
  41. Answer Key
    1. Chapter 1
    2. Chapter 2
    3. Chapter 3
    4. Chapter 4
    5. Chapter 5
    6. Chapter 6
    7. Chapter 7
    8. Chapter 8
    9. Chapter 9
    10. Chapter 10
    11. Chapter 11
    12. Chapter 12
    13. Chapter 13
    14. Chapter 14
    15. Chapter 15
    16. Chapter 16
    17. Chapter 17
    18. Chapter 18
    19. Chapter 19
    20. Chapter 20
    21. Chapter 21
    22. Chapter 22
    23. Chapter 23
    24. Chapter 24
    25. Chapter 25
    26. Chapter 26
    27. Chapter 27
    28. Chapter 28
    29. Chapter 29
    30. Chapter 30
    31. Chapter 31
    32. Chapter 32
  42. Index

Learning Objectives

By the end of this section, you will be able to:

  • Explain the importance of the Supreme Court's Dred Scott ruling
  • Discuss the principles of the Republican Party as expressed by Abraham Lincoln in 1858

As president, Buchanan confronted a difficult and volatile situation. The nation needed a strong personality to lead it, and Buchanan did not possess this trait. The violence in Kansas demonstrated that applying popular sovereignty—the democratic principle of majority rule—to the territory offered no solution to the national battle over slavery. A decision by the Supreme Court in 1857, which concerned the enslaved Dred Scott, only deepened the crisis.

DRED SCOTT

In 1857, just days after President Buchanan took the oath of office, the Supreme Court ruled in Dred Scott v. Sandford. Dred Scott (Figure 14.16), born with slave status in Virginia in 1795, had been one of the thousands forced to relocate as a result of the massive internal slave trade and taken to Missouri, where slavery had been adopted as part of the Missouri Compromise. In 1820, Scott’s owner took him first to Illinois and then to the Wisconsin territory. However, both of those regions were part of the Northwest Territory, where the 1787 Northwest Ordinance had prohibited slavery. When Scott returned to Missouri, he attempted to buy his freedom. After his owner refused, he sought relief in the state courts, arguing that by virtue of having lived in areas where slavery was banned, he should be free.

A portrait of Dred Scott is shown.
Figure 14.16 This 1888 portrait by Louis Schultze shows Dred Scott, who fought for his freedom through the American court system.

In a complicated set of legal decisions, a jury found that Scott, along with his wife and two children, were free. However, on appeal from Scott’s owner, the state Superior Court reversed the decision, and the Scotts remained enslaved. Scott then became the property of John Sanford (his name was misspelled as “Sandford” in later court documents), who lived in New York. He continued his legal battle, and because the issue involved Missouri and New York, the case fell under the jurisdiction of the federal court. In 1854, Scott lost in federal court and appealed to the United States Supreme Court.

In 1857, the Supreme Court—led by Chief Justice Roger Taney, a former slaveholder who had freed his those he had enslaved—handed down its decision. On the question of whether Scott was free, the Supreme Court decided he remained enslaved. The court then went beyond the specific issue of Scott’s freedom to make a sweeping and momentous judgment about the status of Black people, both free and enslaved. Per the court, Black people could never be citizens of the United States. Further, the court ruled that Congress had no authority to stop or limit the spread of slavery into American territories. This proslavery ruling explicitly made the Missouri Compromise unconstitutional; implicitly, it made Douglas’s popular sovereignty unconstitutional.

Defining American

Roger Taney on Dred Scott v. Sandford

In 1857, the United States Supreme Court ended years of legal battles when it ruled that Dred Scott, an enslaved person who had resided in several free states, should remain enslaved. The decision, written by Chief Justice Roger Taney, also stated that Black people could not be citizens and that Congress had no power to limit the spread of slavery. The excerpt below is from Taney’s decision.

A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a “citizen” within the meaning of the Constitution of the United States. . . .
 The only two clauses in the Constitution which point to this race treat them as persons whom it was morally lawfully to deal in as articles of property and to hold as slaves. . . .
 Every citizen has a right to take with him into the Territory any article of property which the Constitution of the United States recognises as property. . . .
 The Constitution of the United States recognises slaves as property, and pledges the Federal Government to protect it. And Congress cannot exercise any more authority over property of that description than it may constitutionally exercise over property of any other kind. . . .
 Prohibiting a citizen of the United States from taking with him his slaves when he removes to the Territory . . . is an exercise of authority over private property which is not warranted by the Constitution, and the removal of the plaintiff [Dred Scott] by his owner to that Territory gave him no title to freedom.

How did the Supreme Court define Dred Scott? How did the court interpret the Constitution on this score?

The Dred Scott decision infuriated Republicans by rendering their goal—to prevent slavery’s spread into the territories—unconstitutional. To Republicans, the decision offered further proof of the reach of the South’s Slave Power, which now apparently extended even to the Supreme Court. The decision also complicated life for northern Democrats, especially Stephen Douglas, who could no longer sell popular sovereignty as a symbolic concession to southerners from northern voters. Few northerners favored slavery’s expansion westward.

THE LINCOLN-DOUGLAS DEBATES

The turmoil in Kansas, combined with the furor over the Dred Scott decision, provided the background for the 1858 senatorial contest in Illinois between Democratic senator Stephen Douglas and Republican hopeful Abraham Lincoln (Figure 14.17). Lincoln and Douglas engaged in seven debates before huge crowds that met to hear the two men argue the central issue of slavery and its expansion. Newspapers throughout the United States published their speeches. Whereas Douglas already enjoyed national recognition, Lincoln remained largely unknown before the debates. These appearances provided an opportunity for him to raise his profile with both northerners and southerners.

Photograph (a) is a portrait of Abraham Lincoln. Photograph (b) is a portrait of Stephen Douglas.
Figure 14.17 In 1858, Abraham Lincoln (a) debated Stephen Douglas (b) seven times in the Illinois race for the U.S. Senate. Although Douglas won the seat, the debates propelled Lincoln into the national political spotlight.

Douglas portrayed the Republican Party as an abolitionist effort—one that aimed to bring about miscegenation, or race-mixing through sexual relations or marriage. The “Black Republicans,” Douglas declared, posed a dangerous threat to the Constitution. Indeed, because Lincoln declared the nation could not survive if the slave state–free state division continued, Douglas claimed the Republicans aimed to destroy what the founders had created.

For his part, Lincoln said: “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 became alike lawful in all the States—old as well as new, North as well as South.” Lincoln interpreted the Dred Scott decision and the Kansas-Nebraska Act as efforts to nationalize slavery: that is, to make it legal everywhere from New England to the Midwest and beyond.

Defining American

The Lincoln-Douglas Debates

On August 21, 1858, Abraham Lincoln and Stephen Douglas met in Ottawa, Illinois, for the first of seven debates. People streamed into Ottawa from neighboring counties and from as far away as Chicago. Reporting on the event was strictly partisan, with each of the candidates’ supporters claiming victory for their candidate. In this excerpt, Lincoln addresses the issues of equality between Black and White people.

[A]nything that argues me into his idea of perfect social and political equality with the negro, is but a specious and fantastic arrangement of words, . . . I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so. I have no purpose to introduce political and social equality between the white and the black races. There is a physical difference between the two, which, in my judgment, will probably forever forbid their living together upon the footing of perfect equality, . . . I, as well as Judge Douglas, am in favor of the race to which I belong having the superior position. . . . [N]otwithstanding all this, there is no reason in the world why the negro is not entitled to all the natural rights enumerated in the Declaration of Independence, the right to life, liberty, and the pursuit of happiness. I hold that he is as much entitled to these as the White man. . . . [I]n the right to eat the bread, without the leave of anybody else, which his own hand earns, he is my equal and the equal of Judge Douglas, and the equal of every living man.
 —Lincoln’s speech on August 21, 1858, in Ottawa, Illinois

How would you characterize Lincoln’s position on equality between Black and White people? What types of equality exist, according to Lincoln?

Click and Explore

Go to the Lincoln Home National Historic Site on the National Park Service’s website to read excerpts from and full texts of the debates. Then, visit The Lincoln/Douglas Debates of 1858 on the Northern Illinois University website to read different newspaper accounts of the debates. Do you see any major differences in the way the newspapers reported the debates? How does the commentary vary, and why?

During the debates, Lincoln demanded that Douglas explain whether or not he believed that the 1857 Supreme Court decision in the Dred Scott case trumped the right of a majority to prevent the expansion of slavery under the principle of popular sovereignty. Douglas responded to Lincoln during the second debate at Freeport, Illinois. In what became known as the Freeport Doctrine, Douglas adamantly upheld popular sovereignty, declaring: “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.” The Freeport Doctrine antagonized southerners who supported slavery, and caused a major rift in the Democratic Party. The doctrine did help Douglas in Illinois, however, where most voters opposed the further expansion of slavery. The Illinois legislature selected Douglas over Lincoln for the senate, but the debates had the effect of launching Lincoln into the national spotlight. Lincoln had argued that slavery was morally wrong, even as he accepted the racism inherent in slavery. He warned that Douglas and the Democrats would nationalize slavery through the policy of popular sovereignty. Though Douglas had survived the senate election challenge from Lincoln, his Freeport Doctrine damaged the political support he needed from the Southern Democrats. This helped him to lose the following presidential election, undermining the Democratic Party as a national force.

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