The Supreme Court had been headed by Chief Justice Taney, whom Lincoln refers to in his speech. He was committed to Southern values. The Court, consisting of 5 Southern judges and 4 Northern judges, had decided not to allow Scott his freedom. The Court had argued based on the Constitution of 1787 (the instrument referred to in the speech) by the Founding Fathers (the authors referred to in the speech). The Court had argued that ‘all men being equal’ would not have included Negroes who were considered inferior. In addition to this meaning that Scott lost his case, the Court also made the 1820 Missouri Compromise illegal as one man should not stop another from moving around freely with his “property”. This was a very serious conclusion and there was great alarm among northerners. This case, along with similar cases, became an important topic hotly debated in the political arena. It is likely that Lincoln’s speech was made during such a debate.
Lincoln disagreed with the Supreme Court and used the opportunity to explain that in his view although blacks were not equal in colour, intellect, moral developments or social capability they were to be treated equally in respect of some fundamental rights including “life, liberty and the pursuit of happiness”. They subsequently could not be owned as property of another.
Lincoln was expressing a typical Northern view of white supremacy while also arguing against slavery.
Dred Scott case
Dred Scott was a slave. He had been owned by an army surgeon who he had travelled with to the Free State of Illinois, then to Wisconsin Territory before returning to Missouri. When his owner died in 1843, Scott became the property of a relative. With the help of anti-slavery lawyers, Scott took his case before the Missouri courts, claiming he was free having lived in a Free State and Free Territory. The case took a long time and was taken to the Missouri Supreme court who voted against him. His lawyers then took his case to the Federal courts. Eventually it went to the Supreme. In March 1857
Buchanan referred to the pending judgement in his inaugural message, urging all to submit to the courts decision. 9 Judges, 5
The chief Judge, Roger Taney, was from a Plantar family and had liberated his own slaves.
Judges wanted to settle the slavery issue in the territories. The court decided Dred could not sue for his freedom as blacks had no rights. It claimed that at the time of the Constitution blacks were considered
Majority decision. 1820 Missouri compromise ban on slavery north of 36/30 was illegal. All were permitted to travel with their property.
Northerners angry. Further evidence of Slave Power conspiracy.
Buchanan appeared aware of decision ahead of it.
Press onslaught
Profound impact of this judgement on US history.
Dred bought his freedom.
Provoked further sectional tension.
Republican party committed to exclusion slaves from North.
Spring elections 1857 Democrats did well. American party did badly.
Abraham Lincoln had joined the Republican Party. Opposed slavery in principle based on the Declaration of Independence that all men are equal. He was, however, tolerant of those with slaves. He had married a slave holder. Realised slavery could be a divisive issue had previously kept quiet.
