Unit 10, Notes 4
The Union Dissolves
Slavery and the Supreme Court: The Dred Scott Case – Despite Buchanan’s determination to adopt
policies that would calm the growing sectional strife in the country, a series of events helped drive
Americans in the North and South even further apart
 Dred Scott v. Sanford – Buchanan suggested that the nation let the Supreme Court decide the
question of slavery in the new territories…Buchanan had already contacted the justices and
knew what their decision would be…Many southern members of Congress had quietly pressured
the Supreme Court justices to issue a ruling on slavery in the territories. They expected the
Southern majority on the court to rule in favor of the South. They would not be disappointed.
Two days after Buchanan’s inauguration, the Court released its opinion in the case of Dred Scott
v. Sanford
 Dred Scott was an enslaved black man that was transported to free territory when his Missouri
slaveholder traveled north before later returning to Missouri
 Scott sued for his freedom on the basis that his time spent in free territory made him a free man by
law
 Chief Justice Roger Taney ruled against Scott on the following basis…
 Scott was a slave and had no legal right to sue for freedom
 Slaves were nothing more than property
 Missouri Compromise was ruled unconstitutional because Congress had no right to prevent
slaveholders from owning or transporting their property (slaves) into the U.S. territories
 Bottom line…Supreme Court ruled that the federal govt. could not block slavery in the territories and
the Republican ideal of "free soil" was unconstitutional
 The decision caused even more animosity between the government, abolitionists, and slaveholders –
Northerners claimed the ruling was not binding, while Southerners called on Northerners to
obey the decision if they wanted the South to remain in the Union
Abraham Lincoln: His Background
 Born of humble origins in a log cabin on the Kentucky frontier and raised in Indiana
 Worked hard as a rail-splitter during his youth and bought books with his earnings; he read every
night by the light of the fireplace
 Became a lawyer in Illinois and went on to serve in the Illinois state legislature and the U.S. House of
Representatives
 Though a humble man, his wit, logic, homespun stories, stovepipe hat, and height (6'4") attracted
much attention
Lincoln vs. Douglas
 Republicans nominated the relatively unknown Lincoln to run against Senator Stephen Douglas in the
1858 Illinois senate race
 Lincoln attracted national publicity during the election beginning with his famous speech at the
Republican Convention…"The House Divided Speech"
 With the "House Divided Speech," Lincoln won support from Northern abolitionists and struck fear
and hatred in Southern planters
 Lincoln was not an abolitionist but believed slavery to be morally wrong and he opposed its spread
into western territories
 Douglas supported popular sovereignty because he was a political opportunist that was hoping to
sustain enough support in both the North and South to be elected president
 Relying on his skills as a public debater, Lincoln challenged Douglas to a series of seven public
debates – this was a smart political move by Lincoln…He was little know, while Douglas was
known throughout the nation…By debating against Douglas at public gatherings Lincoln would
expose himself to larger audiences than he could attract on his own – Douglas confidently
accepted Lincoln’s challenge
Lincoln-Douglas Debates
 The climatic debate came in Freeport, Illinois when Lincoln asked Douglas, "Can the people of a
territory legally exclude slavery before achieving statehood?"
 Douglas' Dilemma
 "Yes" would be a rejection of the Dred Scott decision and a loss of Southern support
 "No" would be a rejection of his own popular sovereignty doctrine and a loss of Northern
support – the principle on which he had built his national following – Douglas tried to
avoid the dilemma, formulating an answer that became known as the Freeport Doctrine
 Douglas' answer…"slavery cannot exist anywhere unless supported by local police regulations"
 Freeport Doctrine: slavery could be kept out of territories, in spite of the Dred Scott decision,
if local authorities refused to pass laws needed to regulate and enforce slavery
 Douglas' Freeport Doctrine appeased the people of Illinois and won reelection for Douglas as he went
on to defeat Lincoln for U.S. Senator of Illinois
 Douglas' Freeport Doctrine, however, cost him Southern support
 Lincoln and the Republicans also made gains after Douglas claimed he did not care whether Kansas
voted for or against slavery and Lincoln urged people to vote for a party that cares about the results –
Lincoln called on voters to elect Republican, “whose hearts are in the work, who do care for the
result”
 - Douglas won the election, but Lincoln did not come away empty handed. He had established a
national reputation for himself as a man of clear, insightful thinking who could argue with force
and eloquence
Split of the Democratic Party
 Northern Democrats (supporting popular sovereignty) and Southern Democrats (supporting the Dred
Scott Decision) could not compromise on a presidential nominee
 Democratic Party National Convention of 1860 (Baltimore, Maryland): Southern Democrats walked
out of the convention when Northerners attempted to nominate Stephen Douglas
 Southern Democrats then selected John Breckinridge of Kentucky as their presidential candidate
while the Northern Democrats stood behind Douglas
Republican Platform of 1860
 Abraham Lincoln was selected as the Republican presidential nominee over William Seward because
of the appeal he generated in the North thanks to the Lincoln-Douglas debates
 Republican Policies…
 Southerners have the right to uphold slavery within its current borders
 Higher tariffs
 Homestead law to offer free land to open western settlement
 Construction of the transcontinental railroad
Election of 1860: The Candidates
 Abraham Lincoln (Republican)
 Stephen Douglas (Northern Democrat)
 John Breckinridge (Southern Democrat)
 John Bell (Unionist)
Election of 1860: The Results
 Democratic split allowed the Republicans to win the majority of votes in the heavily populated North
 Though receiving only 40% of the popular vote, Lincoln carried enough electoral votes to win the
election and become the first Republican president
Southern Secession
 Many Southerners feared the election of the "Black Republicans" was a threat to their society and
culture
 South Carolina called for a state legislature convention that voted unanimously for the Ordinance of
Secession (December 20, 1860)… other states soon followed
 Original states of Southern secession (7)
 South Carolina
 Mississippi
 Florida
 Alabama
 Georgia
 Louisiana
 Texas
Creation of the CSA
 Crittenden's Compromise: final attempt at compromise drafted by Senator John Crittenden (KY) that
called for the protection of slavery where it existed and a reinstatement of the Missouri Compromise
line to protect slavery rights south of the line and uphold free soil north of the line
 Republicans rejected Crittenden's Compromise
 Southern delegates met in Montgomery, AL (1st Confederate capital) and established the Confederate
States of America on February 9, 1861 with a brand new constitution
 Jefferson Davis (Mississippi Senator) was selected by the convention as the first (and only) President
of the Confederate States of America
 CSA Constitution…
 Each state was independent
 Slavery was protected in all Confederate territories
 The principles of slavery and the inferiority of African Americans was the foundation that
the new Confederate govt. was founded upon
 All protective tariffs were banned