In 1846 a slave named Dred Scott and his wife, Harriet, sued for their freedom in a St. Louis city court. The odds were in their favor. They had lived with their owner, an army surgeon, at Fort Snelling, then in the free Territory of Wisconsin. The Scotts' freedom could be established on the grounds that they had been held in bondage for extended periods in a free territory and were then returned to a slave state. (See: Abolitionists and the American Civil War, The Underground Railroad and American Civil War History and Slave Trade, Slavery, and Early Antislavery.) Courts had ruled this way in the past. However, what appeared to be a straightforward lawsuit between two private parties became an 11-year legal struggle that culminated in one of the most notorious decisions ever issued by the United States Supreme Court.

On its way to the Supreme Court, the Dred Scott case grew in scope and significance as slavery became the single most explosive issue in American politics. By the time the case reached the high court, it had come to have enormous political implications for the entire nation.

On March 6, 1857, Chief Justice Roger B. Taney read the majority opinion of the Court, which stated that slaves were not citizens of the United States and, therefore, could not expect any protection from the Federal Government or the courts. The opinion also stated that Congress had no authority to ban slavery from a Federal territory. This decision moved the nation a step closer to Civil War.

The decision of Scott v. Sanford, considered by legal scholars to be the worst ever rendered by the Supreme Court, was overturned by the 13th and 14th amendments to the Constitution, which abolished slavery and declared all persons born in the United States to be citizens of the United States. "The U.S. Supreme Court ruling of the 'Dred Scott case' will forever be remembered as a landmark decision."

Recommended Reading: Dred Scott v. Sandford: A Brief History with Documents (The Bedford Series in History and Culture). Description: The only book on Dred Scott built around primary documents, this brief text examines the 1857 Supreme Court case - one of the most controversial and notorious judicial decisions in U.S. history - in which a slave unsuccessfully sued for his freedom. In addition to excerpts from each justice's opinion, contemporary editorials and newspaper articles, and pertinent excerpts from the Lincoln-Douglas debates, the book includes a comprehensive introduction that provides background information on the slavery controversy in antebellum America. Helpful editorial features include headnotes, maps, illustrations, a chronology, questions for consideration, a selected bibliography, and an index.

Recommended Reading: The Dred Scott Case: Its Significance in American Law and Politics. Description: Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history." On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. Continued below...

The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the legitimacy of the emerging Republican Party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. One-third of the book deals directly with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision. AWARDED 5 STARS by americancivilwarhistory.org

 

Recommended Reading: Lincoln and Douglas: The Debates that Defined America (Simon & Schuster) (February 5, 2008) (Hardcover). Description: In 1858, Abraham Lincoln was known as a successful Illinois lawyer who had achieved some prominence in state politics as a leader in the new Republican Party. Two years later, he was elected president and was on his way to becoming the greatest chief executive in American history. What carried this one-term congressman from obscurity to fame was the campaign he mounted for the United States Senate against the country's most formidable politician, Stephen A. Douglas, in the summer and fall of 1858. Lincoln challenged Douglas directly in one of his greatest speeches -- "A house divided against itself cannot stand" -- and confronted Douglas on the questions of slavery and the inviolability of the Union in seven fierce debates. Continued below... 

As this brilliant narrative by the prize-winning Lincoln scholar Allen Guelzo dramatizes, Lincoln would emerge a predominant national figure, the leader of his party, the man who would bear the burden of the national confrontation. Of course, the great issue between Lincoln and Douglas was slavery. Douglas was the champion of "popular sovereignty," of letting states and territories decide for themselves whether to legalize slavery. Lincoln drew a moral line, arguing that slavery was a violation both of natural law and of the principles expressed in the Declaration of Independence. No majority could ever make slavery right, he argued. Lincoln lost that Senate race to Douglas, though he came close to toppling the "Little Giant," whom almost everyone thought was unbeatable. Guelzo's Lincoln and Douglas brings alive their debates and this whole year of campaigns and underscores their centrality in the greatest conflict in American history. The encounters between Lincoln and Douglas engage a key question in American political life: What is democracy's purpose? Is it to satisfy the desires of the majority? Or is it to achieve a just and moral public order? These were the real questions in 1858 that led to the Civil War. They remain questions for Americans today.

 

Recommended Reading: The Impending Crisis, 1848-1861 (Paperback), by David M. Potter. Review: Professor Potter treats an incredibly complicated and misinterpreted time period with unparalleled objectivity and insight. Potter masterfully explains the climatic events that led to Southern secession – a greatly divided nation – and the Civil War: the social, political and ideological conflicts; culture; American expansionism, sectionalism and popular sovereignty; economic and tariff systems; and slavery. In other words, Potter places under the microscope the root causes and origins of the Civil War. He conveys the subjects in easy to understand language to edify the reader's understanding (it's not like reading some dry old history book). Delving beyond surface meanings and interpretations, this book analyzes not only the history, but the historiography of the time period as well. Continued below…

Professor Potter rejects the historian's tendency to review the period with all the benefits of hindsight. He simply traces the events, allowing the reader a step-by-step walk through time, the various views, and contemplates the interpretations of contemporaries and other historians. Potter then moves forward with his analysis. The Impending Crisis is the absolute gold-standard of historical writing… This simply is the book by which, not only other antebellum era books, but all history books should be judged.

 

Recommended Reading: What Hath God Wrought: The Transformation of America, 1815-1848 (Oxford History of the United States) (Hardcover: 928 pages). Review: The newest volume in the renowned Oxford History of the United States-- A brilliant portrait of an era that saw dramatic transformations in American life The Oxford History of the United States is by far the most respected multi-volume history of our nation. The series includes two Pulitzer Prize winners, two New York Times bestsellers, and winners of the Bancroft and Parkman Prizes. Now, in What Hath God Wrought, historian Daniel Walker Howe illuminates the period from the battle of New Orleans to the end of the Mexican-American War, an era when the United States expanded to the Pacific and won control over the richest part of the North American continent. Continued below…

Howe's panoramic narrative portrays revolutionary improvements in transportation and communications that accelerated the extension of the American empire. Railroads, canals, newspapers, and the telegraph dramatically lowered travel times and spurred the spread of information. These innovations prompted the emergence of mass political parties and stimulated America's economic development from an overwhelmingly rural country to a diversified economy in which commerce and industry took their place alongside agriculture. In his story, the author weaves together political and military events with social, economic, and cultural history. He examines the rise of Andrew Jackson and his Democratic party, but contends that John Quincy Adams and other Whigs--advocates of public education and economic integration, defenders of the rights of Indians, women, and African-Americans--were the true prophets of America's future. He reveals the power of religion to shape many aspects of American life during this period, including slavery and antislavery, women's rights and other reform movements, politics, education, and literature. Howe's story of American expansion -- Manifest Destiny -- culminates in the bitterly controversial but brilliantly executed war waged against Mexico to gain California and Texas for the United States. By 1848, America had been transformed. What Hath God Wrought provides a monumental narrative of this formative period in United States history.

 

Recommended Reading: Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers, by James F. Simon (Simon & Schuster). Publishers Weekly: This surprisingly taut and gripping book by NYU law professor Simon (What Kind of Nation) examines the limits of presidential prerogative during the Civil War. Lincoln and Supreme Court Chief Justice Roger Taney saw eye to eye on certain matters; both, for example, disliked slavery. But beginning in 1857, when Lincoln criticized Taney's decision in the Dred Scott case, the pair began to spar. They diverged further once Lincoln became president when Taney insisted that secession was constitutional and preferable to bloodshed, and blamed the Civil War on Lincoln. Continued below...

In 1861, Taney argued that Lincoln's suspension of habeas corpus was illegal. This holding was, Simon argues, "a clarion call for the president to respect the civil liberties of American citizens." In an 1862 group of cases, Taney joined a minority opinion that Lincoln lacked the authority to order the seizure of Southern ships. Had Taney had the chance, suggests Simon, he would have declared the Emancipation Proclamation unconstitutional; he and Lincoln agreed that the Constitution left slavery up to individual states, but Lincoln argued that the president's war powers trumped states' rights. Simon's focus on Lincoln and Taney makes for a dramatic, charged narrative—and the focus on presidential war powers makes this historical study extremely timely.