Last pre-war days:

The final straw(s)

Dred Scott v. Sanford (1857)

• Had been slave in MO

• Moved with owner to IL & WI (free states)– Lived there 4 years

• They returned to MO

Dred Scott v. Sanford (1857)

• Owner died in MO

• Inherited?

• Sued to officially receive freedom

Dred Scott v. Sanford (1857)

• CJ/SC Roger Taney ruled:– Slaves didn’t

have rights of citizens

– Case couldn’t be heard in a slave state court

Dred Scott v. Sanford (1857)

• CJ/SC Roger Taney ruled:– MO Comp (1820)

unconstitutional– If owner moves

to “free state”, can’t be forced to give up property

Reaction to Dred Scott

• Taney thought he was settling slavery issue

• President James Buchanan:– To their decision, in common with

all good citizens, I shall cheerfully submit… (A)ll agree that under the Constitution slavery in the States is beyond the reach of any human power except that of the respective States themselves

1857 – Lecompton Const

• Proslavery Kansans had won original vote to set up state gov

• 1857 – state gov asked Congress to admit KS as a slave state

1857 – Lecompton Const

• Abolitionists asked for a referendum on slavery–90% of people in Kansas against slavery by then

• State gov refused referendum (they knew they’d lose)

1857 – Lecompton Const

• Pres Buchanan (D) backed Lecompton government–He owed the south for his election

• Stephen Douglas (also D) disagreed – popular sovereignty–He didn’t care who won, just wanted them to vote

1858 – Lincoln vs. Douglas

• Race for Senate from IL• Stephen Douglas (D)

–Incumbent Senator

• Abraham Lincoln (R)–Unknown lawyer

1858 – Lincoln vs. Douglas

• Lincoln challenged Douglas to 7 debates all over IL

–Many people came to watch them

Douglas’s argument

• Popular sovereignty in territories was important

• Slavery might die out on its own

• Slavery not immoral, just backward and unnecessary in plains states

Lincoln’s argument

• Slavery is immoral – based on greed

• Popular sovereignty not enough –must pass laws to limit slavery

Freeport doctrine• Lincoln trying to say popular sovereignty wouldn’t work–Asked what if settlers of a territory vote down slavery• Dred Scott decision said you couldn’t ban slavery

Freeport doctrine• Douglas replied that if local cops didn’t enforce slave laws

• It didn’t matter what the law was, b/c locals determine what laws would be enforced

1858 – Lincoln vs. Douglas

• Douglas won Senate seat

• BUT: –people began to notice Lincoln

1859 – Harper’s Ferry, VA

• John Brown led 21 abolitionists

• Raided US arsenal for weapons

• Planning massive slave revolts

1859 – Harper’s Ferry, VA

• Took 60 wealthy locals hostage–Hoped their

slaves would revolt

–They didn’t

1859 – Harper’s Ferry, VA

• Finally captured by US Marines

• Brown convicted of treason, sentenced to die by hanging

Reaction to John Brown

• In north:–Martyr for freedom

• In south:–Mobs attacked people suspected to be abolitionists

–Secession talk increased

1860 Republican convention

• William Seward expected to be the nominee–Strong abolitionist–Gov of NY – very powerful–Made lots of political enemies

1860 Republican convention

• Abraham Lincoln–More moderate about slavery• Said he didn’t intend to interfere with southern slavery

–Unknown, so few enemies

• Republicans selected Lincoln

1860 Democrats• North & south couldn’t agree on one candidate

• North – Stephen Douglas (IL)

• South – John Breckenridge (KY)

Constitutional Union Party

• Minor party for this election

• Moderates from across the country

• Ignored the issue of slavery

• Just wanted to keep US together

1860 electionAbraham Lincoln (R, IL) – Stephen

Douglas (D, IL)

John Breckenridge (SD, KY) – John Bell (CU, TN)

1860 election

Secession• Lincoln’s election scared the

south–Feared north would oppress

them

• South Carolina seceded first–December 20, 1860

• 2½ months before Lincoln inaugurated

Secession• MS was next to secede• Then FL, AL, GA, LA & TX

• Other southern states didn’t secede until after war started

The states of the CSA

• Only 11 states ended up seceding

• 4 slave states didn’t secede at all–MO, KY, MD, DE–All had very few slaves–Economic ties to northern

states–Lincoln promised US wouldn’t

free slaves in states that remained loyal

http://www.google.com/imgres?imgurl=http://www.cassvillehistoricalsociety.com/confederate_battle_flag_03.png&imgrefurl=http://www.cassvillehistoricalsociety.com/&usg=__1hKvcTRBAoTk1oCgE1HDjMzi7p0=&h=643&w=640&sz=43&hl=en&start=1&zoom=1&um=1&itbs=1&tbnid=jkNh83Xn0zhIbM:&tbnh=137&tbnw=136&prev=/images?q=confederate+battle+flag&um=1&hl=en&safe=off&rls=com.microsoft:en-us&tbs=isch:1

Legal issues• Secession decision based on:–USA compact between states,

not government above the states

–States can leave peacefully–States’ rights must be

guaranteed

Previously threatened secessions

• Northerners:–Hartford Convention (1814-15)

• Southerners:–Debate over slavery (1790)–Missouri crisis (1820)–Nullification crisis (1832)–California crisis (1850)

Confederate States of America

• Formed Feb 1861• Copied US Constitution, but:–Protected states’ rights–Guaranteed slavery–Referenced God–Prohibited protective tariffs

Jefferson Davis• President of

the Confederate States of America

• Was US Senator from Mississippi