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The dred scott case
Two flaws of the dred scott case
Two flaws of the dred scott case
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In 1856, a Presidential election occurred in the United States at a crucial period. Sectionalism was at an all time high and a leader was needed to unite the country. However, the man who won the election did not prove to be this leader. Instead, his platform was based on a deliberate failure to lead. Due to James Buchanan’s position that supported popular sovereignty in the expanding United States, the country divided even further over the topic of slavery to the point that the Civil War became inevitable. One of Buchanan’s most significant failures came in regards to the Dred Scott case. Although he had good intentions in how he wanted to handle this case, he did a terrible job. Phillip Auchampaugh describes this by stating, “His desire to keep himself with the Court in this case was but one illustration of his untiring attempts to avert the impending ruin of the Republic” (Auchampaugh 240). This case was very important because the Democratic Party and the Union were split over the question of slavery in the territories. “Many of the conservatives held that not only the continued existence of the party, but the preservation of the Union rested on the outcome of the case” (Auchampaugh 233). Clearly this case carried extreme importance, and it was vital that the decision made would keep the country together. However, Buchanan acted irresponsibly in regards to the case. He corresponded with both Justice John Catron and Justice Robert Grier trying to learn when the decision of the case would occur (Auchampaugh 236). His purpose in this was to discover if the decision would occur before or after his inauguration, and as such, his inaugural address. In regards to the Chief Justice, “Buchanan emphatically denied that he and Taney had ... ... middle of paper ... ... Works Cited Auchampaugh, Phillip. "James Buchanan, The Court and the Dred Scott Case." Tennessee Historical Magazine January 9.4 (1926): 231-40. JSTOR. Web. 14 May 2014. Buchanan, James. "Fourth Annual Message to Congress on the State of the Union." Washington D.C. 3 Dec. 1860. The American Presidency Project. Web. 18 May 2014. Buchanan, James. "Inaugural Address." Inauguration. Washington D.C. 4 Mar. 1857. The American Presidency Project. Web. Cole, Allen F. "ASSERTING HIS AUTHORITY: JAMES BUCHANAN'S FAILED VINDICATION." Pennsylvania History Winter 70.1 (2003): 81-97. JSTOR. Web. 14 May 2014. Smith, Elbert Benjamin. The Presidency of James Buchanan. Lawrence: UP of Kansas, 1975. Print. Weatherman, Donald V. "James Buchanan on Slavery and Secession." Presidential Studies Quarterly Fall 15.4, Perspectives on the Presidency (1985): 796-805. JSTOR. Web. 14 May 2014.
Berkeley Heights, New Jersey: Enslow Publishers, 1994. Luke, Bonnie. The Dred Scott Decision. San Diego, California. Lucent Books, 1997.
The Dred Scott decision involved two slaves, Dred Scott and his wife, who originated from one of the recognized slave states, Missouri, but they were relocated to settle in Wisconsin, a state where slavery was prohibited. In 1846, Scott filed a lawsuit and “sued for his freedom on the grounds that his residence in a free state and a free territory had made him free.” In 1854, Scott’s “case ultimately went to the Supreme Court.” By landing in the Supreme Court, the justices ruled seven to two against the Dred Scott and his wife for multiple reasons. One main reason that the court specified was that whether African Americans are enslaved or not, they were never recognized as citizens of the United States. Therefore, the justices believed that the case should not have been heard or discussed in the Supreme Court to begin with. The second reason was that regardless of any African American being transferred to a free state, does not necessarily change their social status. Thirdly, the Supreme Court ruled that the Missouri Compromise of 1820, a compromise that outlawed slavery north of the 36˚30’ latitude line, is unconstitutional because the Congress declared that they had “no power to ban slavery from any territory.” The decision was critical due to increasing the North population’s unease, and their concern that the South will begin to transport slaves to freed states, which will
The North and the South had been sectionalized for years on many issues, yet the majority of the congressmen had still come together when necessary for the good of the Nation, up until 1854. After Lincoln won the election in 1860, the nation was divided by sectionalism. Due to the Nation being divided and the Southerners being paranoid about the slaves being freed, I believe both issues were causes that led to the Civil War. Works Cited Brands, H. W.. American Stories: A History of the United States. New York: Routledge, 1998 2nd ed.
During his entire life, James Madison, who is one of the founding fathers, contributed many dedications to the States, especially when creating the Constitution and the Bill of Rights. As the fourth president of the U.S, he consciously chose to create a new model of presidential power that he thought would fit better with the system of the separation of powers after seeing “the danger overwrought executive power poses to republican constitutionalism” (Kleinerman). Despite of having such good intention, some of his actions led the country through some significant suffers.
In 1860 Abraham Lincoln was elected as president of the United States of America, the repercussions of which led to civil war. However it was not only Lincoln’s election that led to civil war but also the slavery debate between the northern and southern states and the state of the economy in the United States. Together with the election of Lincoln these caused a split, both politically and ideologically, between the North and South states which manifested into what is now refereed to as the American Civil War.
...er B. Taney sent shockwaves through the nation. Taney believed that this would once and for all settle the issue of slavery and whether or not they were considered humans or propriety. Politely it farther divided the north and the south and was thought by many to be a move by the court to expand slavery to territories in the west.
Near the end of the Antebellum Era, tensions and sectionalism increased as the states argued over what was constitutional. The South had later seceded from the United States and had become the Confederacy of America while the North had remained as the Union. The South had fully supported states’ rights while the north had strongly disapproved it. However, westward expansion, southern anger with the abolitionists, and the secession of the South that had destroyed the feeling of unity in the country because of the disagreement over slavery had been the main factors to the cause of the Civil War. Therefore, since slavery was the primary reason for the discontent in the country, it had been the primary cause of the Civil War.
of the affairs in the way that he did - for example Ireland - as some
The turmoil between the North and South about slavery brought many issues to light. People from their respective regions would argue whether it was a moral institution and that no matter what, a decision on the topic had to be made that would bring the country to an agreement once and for all. This paper discusses the irrepressible conflict William H. Seward mentions, several politician’s different views on why they could or could not co-exist, and also discusses the possible war as a result.
Texas v. White. Cornell University Law School Supreme Court Collection, 1850. Web. 03 Dec. 2009.
“Important from Montgomery; Inauguration of Jefferson Davis as President of the Southern Confederacy. His Inaugural Address. Policy of the New Government Foreshadowed,” New York Times, February 19, 1861.
The presidential elections of 1860 was one of the nation’s most memorable one. The north and the south sections of country had a completely different vision of how they envision their home land. What made this worst was that their view was completely opposite of each other. The north, mostly republican supporters, want America to be free; free of slaves and free from bondages. While on the other hand, the south supporters, mostly democratic states, wanted slavery in the country, because this is what they earned their daily living and profit from.
By the year of 1860, the North and the South was developed into extremely different sections. There was opposing social, economic, and political points of view, starting back into colonial periods, and it slowly drove the two regions farther in separate directions. The two sections tried to force its point of view on the nation as a whole. Even though negotiations had kept the Union together for many years, in 1860 the condition was unstable. The presidential election of Abraham Lincoln was observed by the South as a risk to slavery and many believe it initiated the war.
Jefferson, T. ( 1801, March 4). Thomas Jefferson First Inaugural Address. Retrieved 2008, from The Avalon Project at Yale Law School: http://avalon.law.yale.edu/19th_century/jefinau1.asp
Grant, U. (1873, March 4). Second Inaugural Address (March 4, 1873) Retrieved April 29, 2014, from http://millercenter.org/president/speeches/detail/3557