The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical HistoryEggleston, George Cary
History
The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical History
Eggleston, George Cary
United States -- History -- Civil War, 1861-1865
Conventions fraudulently chosen by such practices as these framed
constitutions which were one after another rejected by Congress.
The story need not be told here in further detail. The struggle
continued until the end of the decade and it was not until after the
Confederate War had begun that the territory was admitted to the Union
as a state. In the meanwhile the eyes and minds of all the people in
the country were concentrated upon that center of disturbance and the
situation there enormously increased the intensity of that acrimony
which already characterized the relations of men North and South.
Another event which tended to increase the acrimony between the two
sections of the country and ultimately to bring about war was the
rendering of the "Dred Scott" decision, which alarmed and intensely
angered the North.
Dred Scott was a negro slave in Missouri, owned by an army surgeon who,
about twenty years before, had taken him as a servant to an army post
in Illinois. Under the laws of Illinois any slave taken by his master
into that state was by that act set free.
Dred Scott remained however in the position of a slave and after a time
he was taken back to Missouri. There he was sold to a new master whom
he presently sued for assault on the ground that his former master had
in effect set him free by voluntarily taking him into a free state, and
that therefore he was not liable to sale or to a chastisement at the
hands of a master.
The negro won in the lower courts but was defeated upon appeal. Later,
circumstances enabled him to bring suit in the United States Court,
and finally the case went on appeal to the Supreme Court of the United
States. The questions directly and indirectly involved in it were of
so great national and political interest that four of the greatest
constitutional lawyers in all the land volunteered to argue it--two
of them on the one side and two upon the other. The argument was a
contest of intellectual giants with the whole country looking on and
listening. At the end of it the judgment of the court was rendered by
Chief Justice Taney in March, 1857. The decision negatived all of Dred
Scott's contentions and it affirmed principles that were even more
offensive to Northern sentiment than its negations were. It amounted in
fact to a judgment that state laws setting free such slaves as might
be brought into the states concerned by voluntary act of their masters
were null and void. It expressly declared unconstitutional that part of
the Missouri Compromise which forbade slavery in territories north of
36° 30´ north latitude.
So completely did the court decide upon the slavery side of the
question that Thomas H. Benton, the great Democratic senator from
Missouri, characterized this deliberate and very carefully considered
judgment of the Supreme Court as one which made slavery the organic law
of the land with freedom as a casual exception.
Public-domain text, read in full here on John Shaqi.
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