Cause and Effect of the Dread's Scott Decision - Research Paper Example

The Dred Scott Decision: Its Cause and Effect Introduction Dred Scott v. Sandford, 60 U.S. 393 (1857), was a ruling by the U.S. Supreme Court that people of African descent imported into the United States and held as slaves together with their descendants, be they slaves or not were not protected by the Constitution and could never be U.S. citizens. The court also held that the U.S. Congress had no authority to prohibit slavery in federal territories and that, because slaves were not citizens, they could not sue in court. Furthermore, the Supreme Court, in its decision written by Chief Justice Roger B. Taney, ruled that slaves, as chattels or private property, may not be taken away from their owners without due process (Scott v. Sandford). Set against the economic, social and political background of the mid-19th century, the decision was a landmark for initiating the struggle which ended in the abolition of slavery, the end of industries which relied on black labor, and the era of political struggles which aimed to put the black man at equal terms with white American citizens in the spirit of “equality, liberty and brotherhood” in the motto of the French Revolution, “Liberté, Égalité, Fraternité.” According to David Potter, “The main explanation for the origins of the American Civil War is slavery, especially Southern anger at the attempts by Northern anti-slavery political forces to block the expansion of slavery into the western territories. States' rights and the tariff issue became entangled in the slavery issue, and were intensified by it (42). It pitted the southern states who came earlier from early Spanish colonizers who advocated slavery and the settlers from Europe in the northern states exemplified by the Quakers, who were against it. Economic cause and effect As the discovery and use of new technology gave rise to the Industrial Revolution of the 18th to the 19th century, major changes in agriculture, manufacturing, mining, and transportation impacted on the socio-economic and cultural conditions of the times. It began in Europe, spread to North America, and the world. Its influence left an indelible mark in human history; most notably, in average income and population which exhibited unprecedented sustained growth. In the two centuries following 1800, the world's average per capita income increased over 10-fold, while the world's population increased over 6-fold (Madison 257). During this period America was transformed from a primitive agricultural economy to the foremost industrial power in the world, contributing to more than a third of the global industrial output. An historical index from the National Bureau of Economic Research illustrated by the index of total industrial production, increased from only 4.29 in 1790 to 1975 in 1913, an increase of 460 times (base year 1850 - 100) (Davis n.p.). Social cause and effect Arguments against slavery had long existed, as early as 1552 when the Dominican priest, Bartolomé de las Casas wrote against the treatment of natives in the New World. (Casas n.p.) Spain enacted the first European law abolishing colonial slavery in 1542, although it lasted only up to 1545; and early in U.S. history statements against it were made even by some prominent Southerners (Izcabalceta n.p.). In the 17th century, Quaker and evangelical religious groups condemned it as un-Christian; in the 18th century, rationalist thinkers of the Enlightenment criticized it for violating the rights of man (Yount n.p.). After 1840, abolitionists denounced slavery not only as a social evil but a moral wrong, many Northerners, especially leaders of the new Republican Party, considered slavery a great national evil and believed that a small number of Southern owners of large plantations controlled the national government with the goal of spreading that evil; while the latter, defenders of slavery, increasingly came to contend that blacks actually benefited from slavery, alienating Northerners even further (Medlibrary.org para. 9). Political cause and effect Dred Scott was born a slave in Virginia between 1795 and 1800. In 1832, U.S. Army Major John Emerson, stationed outside of St. Louis, purchased Scott. Emerson died in the Iowa Territory in 1843, his widow Eliza inheriting his estate, including Scott. Eliza continued to hire out Scott after the death of her husband, keeping the rents for herself. Scott then attempted to purchase his freedom, but Eliza refused.Scott sued Eliza for his freedom in 1846. In June 1847, Scott's suit was dismissed for failing to provide a witness that he was in fact a slave belonging to Eliza. In 1853, Scott again sued, but now in federal court. The defendant had become John F.A. Sanford, who had become the executor of John Emerson's estate (Konig 25). Perhaps the most immediate consequence of the decision was the Panic of 1857 and a series of violent confrontation between pro and anti-slavery advocates. In the broader scope, the Panic convinced the South that "Cotton is King" and that it had nothing to fear economically from the North unless a move was made to end the system of slavery (Calomiris 807). Prior to Dred Scott, Democratic Party politicians had sought repeal of the Missouri Compromise. An agreement was passed in 1820 between the pro-slavery and anti-slavery factions in Congress, involving primarily the regulation of slavery in the western territories. It prohibited slavery in the former Louisiana Territory north of the parallel 36°30' north except within the boundaries of the proposed state of Missouri. The pro-slavery faction was finally successful in 1854 with the passage of the Kansas-Nebraska Act. This act permitted each newly admitted state south of the 40th parallel to decide whether to be a slave state or free state. Now, with Dred Scott, the Supreme Court under Taney sought to permit the unhindered expansion of slavery into the territories (Konig 245). The Kansas–Nebraska Act propelled the nation toward civil war. The act absolutely nullified the Missouri Compromise of 1820 and the Compromise of 1850. The turmoil divided both the Democratic and Whig parties and gave rise to the Republican Party (Northerners) and Democratic (Southerners). Conclusion Frederick Douglass, a prominent African-American abolitionist who thought the decision unconstitutional and the Chief Justice's reasoning inapposite to the founders' vision, prophesied that political conflict could not be avoided. “The highest authority has spoken. The voice of the Supreme Court has gone out over the troubled waves of the National Conscience.... [But] my hopes were never brighter than now. I have no fear that the National Conscience will be put to sleep by such an open, glaring, and scandalous tissue of lies....” (Brotz 250). Works Cited Brotz, Howard. African-American social and political thought, 1850-1920. New Jersey: Basic Books, Inc. 1966. Print. Calomiris, Charles and Schweikart, Larry. "The Panic of 1857: Origins, Transmission, Containment." Journal of Economic History LI (1990): 807–34. Print. Casas, Bartolome de las. A Brief Account of the Destruction of the Indies (1554). London: The Project Gutenberg Book. n.d. Web. 19 March 2011. Icazbalceta, Joaquin, G. Collection of documents for the history of Mexico: Laws and Ordinances. Barcelona, 1542. Print. Konig, D. T., Finkelman, P., Bracey, C. A. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law. Ohio: Ohio University Press 25-41, 245. 2010. Print. Maddison, Angus. “Tables 8a and 8c,” The World Economy: Historical Statistics. Paris: Development Centre, OECD, 256–62. 2003. Print. Medlibrary.org. “Southern rights.” para. 9. n.d. Web. 19 March 2011. Davis, Joseph H. Industrial Production Index: Davis 2004 Davis IP Index (1790-1915). National Bureau of Economic Research. n.d. Web. 20 March 2011. Potter, David. The Impending Crisis (1848 - 1861). ed.Don E. Fehrenbacher. New York: Harper & Row, 1976. Print. Tom Huntington. Civil War Chronicles: Abolitionist John Doy. American Heritage. Spring 2009. 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