Dredd Scott Decision

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"Shocks, Throes, and Convulsions"

"Slavery is founded on the selfishness of man's nature--opposition to it on his love of justice. These principles are in eternal antagonism; and when brought into collision so fiercely as slavery extension brings them, shocks and throes and convulsions must ceaselessly follow." (Abraham Lincoln)[1]

America in 1857 was "A Nation on the Brink" as defined by Kenneth Stampp in his book with the same title. Relationships between the Northern and Southern states had been strained for decades, but during the 1840s and especially the 1850s, the situation exploded. Pro-slavery and antislavery forces clashed frequently and fatally in "Bleeding Kansas," while the presidential election of 1856 turned ugly when southern states threatened secession if a candidate from the antislavery Republican party won. Into this charged atmosphere stepped a black slave from Missouri named Dred Scott.

During the 1850s in the United States, Southern support of slavery and Northern opposition to it collided more violently than ever over the case of Dred Scott, a black slave from Missouri who claimed his freedom on the basis of seven years of residence in a free state and a free territory. When the predominately pro-slavery Supreme Court of the United States heard Scott's case and declared that not only was he still a slave but that the main law guaranteeing that slavery would not enter the new Midwestern territories of the United States was unconstitutional, it sent America into convulsions. The turmoil would end only after a long and bloody civil war fought primarily over the issue of slavery and its extension into America's unorganized territories. The Supreme Court's ruling in Dred Scott v. Sandford helped hasten the arrival of the American Civil War, primarily by further polarizing the already tense relations between Northerners and Southerners.

Scott had spent extended periods of time with his owner, Dr. John Emerson, in Fort Armstrong, Illinois, Fort Snelling, Wisconsin Territory, Fort Jessup, Louisiana, and in St. Louis. During his travels, Scott lived for a total of seven years in areas closed to slavery; Illinois was a free state and the Missouri Compromise of 1820 had closed the Wisconsin Territory to slavery. When Scott's decade-long fight for freedom began on April 6, 1846, he lived in St...

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Clearly Scott v. Sandford was not an easily forgotten case. That it still raised such strong emotions well into the Civil War shows that it helped bring on the war by hardening the positions of each side to the point where both were willing to fight over the issue of slavery. The North realized that if it did not act swiftly, the Southern states might take the precedent of the Scott case as a justification for expanding slavery into new territories and free states alike. The South recognized the threat of the Republican party and knew that the party had gained a considerable amount of support as a result of the Northern paranoia in the aftermath of the decision. In the years following the case, Americans realized that these two mindsets, both quick to defend their side, both distrustful of the other side, could not coexist in the same nation. The country realized, in Abraham Lincoln's words, that " house divided against itself cannot stand.' . . . This government cannot endure, permanently half slave and half free" [9]. Scott's case left America in "shocks and throes and convulsions" that only the complete eradication of slavery through war could cure.

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