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Ch.14 (POL (1793 - Congress had tried to help the return of runaway slaves…
Ch.14
POL
1793 - Congress had tried to help the return of runaway slaves to their owners when those slaves had crossed state lines but many Northern states had passed personal liberty laws - and did so again after the compromise these forbid the use of state jails to incarcerate alleged fugitives so they could not enforce the laws
Southerners were demanding a fugitive slave law with teeth in it The Northerners wanted to repeal the 1793 law and have no law
The Compromise of 1850 January, 1850 the "Great Compromiser" came forward o Nickname for the MO Compromise and Compromise of 1833(tariffs) to end the nullification crisis Proposed:
California to be admitted as a free state
2 territories, Utah and New Mexico were to be organized from the rest of the
land
Texas was to yield on the boundary dispute with New Mexico Fugitive Slave Act – to make certain the apprehension and return of slaves
Slavery retained in D.C., but slave trade would be abolished
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The Dred Scott Decision Dred Scott had been the property of John Emerson
o Emerson was an army doctor and took Scott with him from Missouri to Illinois
and then Wisconsin Territory (both free areas)
o Later Scott brought to MO
o Emerson died
o Dred Scott in 1846 sued state court of MO for his freedom – on the grounds that
he had lived in free territory
o He won
o Appeal by Emerson’s heirs and MO Supreme Court reversed it – 1852
o In the meantime Mrs. Emerson remarried
She had the use of her dead husband’s property for her lifetime
By remarrying and under MO law the executor of her estate, her brother, John
F. Sanford could dispose of her property on behalf of the Emerson’s daughter
Sanford was a New York citizen – this now gave Scott’s attorneys the right to
try the case in federal court (suit between citizens of different states)Reached the Supreme Court in 1856
Justices faced questions:
- Did Scott have a right to bring his case into federal court
Another way of asking – Was a black person, free or slave, a citizen of the U.S.?
Free blacks had been denied the right to enter claims to western lands and they
often were denied passports to travel abroad
Was the Missouri Compromise of 1820 legal/constitutional?
Ruling – handed down on March 6, 1857
Opinions filled 235 pages
5 of the 8 associates agreed with Chief Justice Roger B. Taney
4 of these 5 had been appointed by A. Jackson
o Scott could not claim the rights of U.S. citizens
o Blacks were not citizens
o Missouri Compromise violated the 5th amendment's protection of property
Chief Justice Taney wrote – “Black people had been regarded for more than a century
before as beings of an inferior order: and altogether unfit to associate with the white race,
either in social or political relations: and so far inferior that they had no rights which the
white man was bound to respect.”
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Southern "Fire-eaters" try to stir up secessionist sentiment Most Southerners agreed with a resolution passed in Georgia stated: accept the Compromise for now But if any of the following happened then secession was a possibility
“Bleeding Sumner”:
May 19, 1856
Senator Charles Sumner of Mass. Gave a fiery speech which verbally attacked
Senator Andrew Butler of South Carolina
3 days later, Preston Brooks (member of the House of Representatives and nephew of
Butler) struck Sumner about 30 times with his cane in the middle of the Senate floor
as Sumner was at his desk.
Brooks was never punished
Took Sumner 3 years to return to the Senate – and never returned to full health
Became a symbol of the arrogance and brutality that Northerners felt was typical of
the Southerners
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Reaction:
North: even moderates were offended by Taney’s language
o Would slavery ever end?
o Republicans claimed that the decision deserved as much consideration as any
pronouncement by a group of political hacks “In any Washington bar room”
o Threatened when they gained control of the gov’t to reverse the decision by
altering the people on the court and “packing it with new members”
South: now the gov’ts supreme law had backed us up
o We told you so
o the Missouri Compromise had violated the Constitution
violated the 5 th Amendment
by denying the taking of slaves north of the 36 30’ line they were depriving
people of property without due process of the law
only the 2 nd time the Supreme Court had declared an act of Congress
unconstitutional - Judiciary Act of 1789 was first
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CUL
North and South view of John Brown's raid:
Southerners – their section was unsafe in the Union
Republicans responsible for Brown’s raid
Southerners referred to Brown as “Osawatomie Brown”
Untrue – in face the leading Republicans, Lincoln and Seward and others
condemned Brown as a criminal
But saw that Brown being glorified as a new saint in the north by people like
Ralph Waldo Emerson
Compared Brown to Jesus Christ
Northerners – martyr Brown – including the memorable marching song of the Civil
War
“John Brown’s body lies a-mould’ ring in the grave, His soul is marching on.”
Held memorial services on day of his death
o Henry David Thoreau and others mourned
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