Archive for November, 2013

Questions chapter 21

Questions chapter 21

These are due on Monday, December 2.

1. Why was Richmond significant? How far was it from Washington? Why is this significant in choosing the site of the first major battle? What ironic effect did the Southern victory have there, and why?

2. What were the consequences of the 1st Battle of Bull Run (Manassas)? What did Lincoln hope that a victory there would do, militarily and psychologically? How did Gen. Jackson distinguish himself? What happened at the second battle there?

3. What was the name of the main Union force in the eastern theatre? Who was its commander, and what were his flaws? What was he supposed to do after taking command (make sure you name the campaign as well as explain it)?

4. Describe the intent of the Peninsula Campaign. How did early Confederate strategy affect McClellan? What was the price/consequences to each side?

5. What is total war? Describe its components as practiced by the Union army. How was it to be accomplished?

6. Why was the blockade of the Confederacy implemented so slowly? Why didn’t Britain protest more? What was the policy of “ultimate destination?”  What role did the Virginia and the Monitor play, and what happened to them?

7. By the time after the Battle of Antietam, how many times had the Union army changed commanders? What was the short and long-term outcome of the battle, and why was it so critical? How does the character of the war change after this battle?

8. What was the point of the Emancipation Proclamation, and why was it carefully worded? (See blog for the text of the Proclamation) What was the public response and the perceived significance? What were the specific effects?

9. What new recruiting practice was adopted by the Union army after the Emancipation Proclamation? What difference did this make long-term? How did the South respond to the use of blacks in either army? What did “Remember Fort Pillow!” mean (similar to the movie Glory….)?

10. How did the presence of so many slaves in the South affect the Southern war effort?

11. What were the consequences of giving command to A. E. Burnside? To Hooker? Describe the outcome of the battles with which each was associated.

12. What did Lee and Jefferson Davis hope to achieve in attacking Northern soil after Chancellorsville? Describe the battle that took place and why it contained the “high tide of the Confederacy.”

13. List all of the Union commanders in order up to Grant. How and where did he initially distinguish himself, both positively and negatively? What was his nickname?

14. How and where did the Union Army and the Union Navy work together in the Western theatre of the war? What was the practical effect?

15. Why was July 3-4, 1863 such an important day for the overall outcome of the war? What two battles were fought on Northern soil?

16. How did Grant and Sherman work together in the Eastern theatre? What tactics were utilized in “Shermanizing” the South as he went through Georgia?

17. What political challenges did Lincoln face during the war? How did Lincoln attempt to appeal to the broadest number of voters possible in 1864? Be specific and complete in your answer, and include the influence of the Peace Democrats as well as Copperheads.

18. Why did the Democratic party struggle during the war? Describe the various factions. Who was Clement Vallandingham? Who was Philip Nolan? (see blog for more info). Who did they eventually choose as their candidate to run against Lincoln in 1864?

19. What does “Vote as you shot” imply? How did military events influence the election of 1864? What was the “bayonet vote?”

20. Why was the warfare in 1864 and 1865 referred to as “meat-grinder warfare?” How does the battle at Cold Harbor illustrate this term? How do Lee’s casualty rates compare to Grant’s?

21. How does the war end? Does Grant live up to his original nickname at Appomattox?

22. Why was Lincoln assassinated five days after Lee’s surrender, and how was this actually a “calamity for the South?” What was the “crucifixion thesis” of historians?

23. What issues were settled by the Civil War as “the supreme test of American democracy?”

Lincoln’s Thanksgiving Proclamation

Abraham Lincoln established the first National Thanksgiving celebration in 1863. Below is the text of his proclamation announcing the first official thanksgiving.


Lincoln proclaimed Thanksgiving a national holiday in 1863.
The year that is drawing toward its close has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added which are of so extraordinary a nature that they can not fail to penetrate and soften even the heart which is habitually insensible to the ever-watchful providence of Almighty God.In the midst of a civil war of unequaled magnitude and severity, which has sometimes seemed to foreign states to invite and to provoke their aggression, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere, except in the theater of military conflict, while that theater has been greatly contracted by the advancing armies and navies of the Union.

Needful diversions of wealth and of strength from the fields of peaceful industry to the national defense have not arrested the plow, the shuttle, or the ship; the ax has enlarged the borders of our settlements, and the mines, as well as the iron and coal as of our precious metals, have yielded even more abundantly than heretofore. Population has steadily increased notwithstanding the waste that has been made in the camp, the siege, and the battlefield, and the country, rejoicing in the consciousness of augmented strength and vigor, is permitted to expect continuance of years with large increase of freedom.


No human counsel hath devised nor hath any mortal hand worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy.It has seemed to me fit and proper that they should be solemnly, reverently, and gratefully acknowledged, as with one heart and one voice, by the whole American people. I do therefore invite my fellow-citizens in every part of the United States, and also those who are in foreign lands, to set apart and observe the last Thursday of November next as a day of thanksgiving and praise to our beneficent Father who dwelleth in the heavens. And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners, or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the imposition of the Almighty hand to heal the wounds of the nation and to restore it, as soon as may be consistent with the divine purpose, to the full enjoyment of peace, harmony, tranquillity, and union.

Read more: Thanksgiving Proclamation http://www.infoplease.com/spot/tgproclamation.html#ixzz16EUWO072

Lincoln’s First Inaugural

First Inaugural Address of Abraham Lincoln
MONDAY, MARCH 4, 1861

Fellow-Citizens of the United States:
In compliance with a custom as old as the Government itself, I appear before you to address you briefly and to take in your presence the oath prescribed by the Constitution of the United States to be taken by the President before he enters on the execution of this office.”

I do not consider it necessary at present for me to discuss those matters of administration about which there is no special anxiety or excitement.

Apprehension seems to exist among the people of the Southern States that by the accession of a Republican Administration their property and their peace and personal security are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. I do but quote from one of those speeches when I declare that–

I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.

Those who nominated and elected me did so with full knowledge that I had made this and many similar declarations and had never recanted them; and more than this, they placed in the platform for my acceptance, and as a law to themselves and to me, the clear and emphatic resolution which I now read:

Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter what pretext, as among the gravest of crimes.

I now reiterate these sentiments, and in doing so I only press upon the public attention the most conclusive evidence of which the case is susceptible that the property, peace, and security of no section are to be in any wise endangered by the now incoming Administration. I add, too, that all the protection which, consistently with the Constitution and the laws, can be given will be cheerfully given to all the States when lawfully demanded, for whatever cause–as cheerfully to one section as to another.

There is much controversy about the delivering up of fugitives from service or labor. The clause I now read is as plainly written in the Constitution as any other of its provisions:

No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law. All members of Congress swear their support to the whole Constitution–to this provision as much as to any other. To the proposition, then, that slaves whose cases come within the terms of this clause “shall be delivered up” their oaths are unanimous. Now, if they would make the effort in good temper, could they not with nearly equal unanimity frame and pass a law by means of which to keep good that unanimous oath?

There is some difference of opinion whether this clause should be enforced by national or by State authority, but surely that difference is not a very material one. If the slave is to be surrendered, it can be of but little consequence to him or to others by which authority it is done. And should anyone in any case be content that his oath shall go unkept on a merely unsubstantial controversy as to how it shall be kept?

Again: In any law upon this subject ought not all the safeguards of liberty known in civilized and humane jurisprudence to be introduced, so that a free man be not in any case surrendered as a slave? And might it not be well at the same time to provide by law for the enforcement of that clause in the Constitution which guarantees that “the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States”?

I take the official oath to-day with no mental reservations and with no purpose to construe the Constitution or laws by any hypercritical rules; and while I do not choose now to specify particular acts of Congress as proper to be enforced, I do suggest that it will be much safer for all, both in official and private stations, to conform to and abide by all those acts which stand unrepealed than to violate any of them trusting to find impunity in having them held to be unconstitutional.
It is seventy-two years since the first inauguration of a President under our National Constitution. During that period fifteen different and greatly distinguished citizens have in succession administered the executive branch of the Government. They have conducted it through many perils, and generally with great success. Yet, with all this scope of precedent, I now enter upon the same task for the brief constitutional term of four years under great and peculiar difficulty. A disruption of the Federal Union, heretofore only menaced, is now formidably attempted.
I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in the instrument itself.

Again: If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it–break it, so to speak–but does it not require all to lawfully rescind it?
Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was “to form a more perfect Union.”

But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.
I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part, and Ishall perform it so far as practicable unless my rightful masters, the American people, shall withhold the requisite means or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend and maintain itself.
In doing this there needs to be no bloodshed or violence, and there shall be none unless it be forced upon the national authority. The power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Where hostility to the United States in any interior locality shall be so great and universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist in the Government to enforce the exercise of these offices, the attempt to do so would be so irritating and so nearly impracticable withal that I deem it better to forego for the time the uses of such offices.

The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible the people everywhere shall have that sense of perfect security which is most favorable to calm thought and reflection. The course here indicated will be followed unless current events and experience shall show a modification or change to be proper, and in every case and exigency my best discretion will be exercised, according to circumstances actually existing and with a view and a hope of a peaceful solution of the national troubles and the restoration of fraternal sympathies and affections.

That there are persons in one section or another who seek to destroy the Union at all events and are glad of any pretext to do it I will neither affirm nor deny; but if there be such, I need address no word to them. To those, however, who really love the Union may I not speak?

Before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it? Will you hazard so desperate a step while there is any possibility that any portion of the ills you fly from have no real existence? Will you, while the certain ills you fly to are greater than all the real ones you fly from, will you risk the commission of so fearful a mistake?

All profess to be content in the Union if all constitutional rights can be maintained. Is it true, then, that any right plainly written in the Constitution has been denied? I think not. Happily, the human mind is so constituted that no party can reach to the audacity of doing this. Think, if you can, of a single instance in which a plainly written provision of the Constitution has ever been denied. If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might in a moral point of view justify revolution; certainly would if such right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guaranties and prohibitions, in the Constitution that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate nor any document of reasonable length contain express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say. May Congress prohibit slavery in the Territories? The Constitution does not expressly say. Must Congress protect slavery in the Territories? The Constitution does not expressly say.

From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the Government must cease. There is no other alternative, for continuing the Government is acquiescence on one side or the other. If a minority in such case will secede rather than acquiesce, they make a precedent which in turn will divide and ruin them, for a minority of their own will secede from them whenever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy a year or two hence arbitrarily secede again, precisely a portions of the present Union now claim to secede from it? All who cherish disunion sentiments are now being educated to the exact temper of doing this.

Is there such perfect identity of interests among the States to compose a new union as to produce harmony only and prevent renewed secession?

Plainly the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it does of necessity fly to anarchy or to despotism. Unanimity is impossible. The rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left.

I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes.

One section of our country believes slavery is right and ought to be extended, while the other believes it is wrong and ought not to be extended. This is the only substantial dispute. The fugitive- slave clause of the Constitution and the law for the suppression of the foreign slave trade are each as well enforced, perhaps, as any law can ever be in a community where the moral sense of the people imperfectly supports the law itself. The great body of the people abide by the dry legal obligation in both cases, and a few break over in each. This, I think, can not be perfectly cured, and it would be worse in both cases after the separation of the sections than before. The foreign slave trade, now imperfectly suppressed, would be ultimately revived without restriction in one section, while fugitive slaves, now only partially surrendered, would not be surrendered at all by the other.
Physically speaking, we can not separate. We can not remove our respective sections from each other nor build an impassable wall between them. A husband and wife may be divorced and go out of the presence and beyond the reach of each other, but the different parts of our country can not do this. They can not but remain face to face, and intercourse, either amicable or hostile, must continue between them. Is it possible, then, to make that intercourse more advantageous or more satisfactory after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens than laws can among friends? Suppose you go to war, you can not fight always; and when, after much loss on both sides and no gain on either, you cease fighting, the identical old questions, as to terms of intercourse, are again upon you.

This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it. I can not be ignorant of the fact that many worthy and patriotic citizens are desirous of having the National Constitution amended. While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor rather than oppose a fair opportunity being afforded the people to act upon it. I will venture to add that to me the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others, not especially chosen for the purpose, and which might not be precisely such as they would wish to either accept or refuse. I understand a proposed amendment to the Constitution–which amendment, however, I have not seen–has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose not to speak of particular amendments so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable.

The Chief Magistrate derives all his authority from the people, and they have referred none upon him to fix terms for the separation of the States. The people themselves can do this if also they choose, but the Executive as such has nothing to do with it. His duty is to administer the present Government as it came to his hands and to transmit it unimpaired by him to his successor.

Why should there not be a patient confidence in the ultimate justice of the people? Is there any better or equal hope in the world? In our present differences, is either party without faith of being in the right? If the Almighty Ruler of Nations, with His eternal truth and justice, be on your side of the North, or on yours of the South, that truth and that justice will surely prevail by the judgment of this great tribunal of the American people.

By the frame of the Government under which we live this same people have wisely given their public servants but little power for mischief, and have with equal wisdom provided for the return of that little to their own hands at very short intervals. While the people retain their virtue and vigilance no Administration by any extreme of wickedness or folly can very seriously injure the Government in the short space of four years.

My countrymen, one and all, think calmly and well upon this whole subject. Nothing valuable can be lost by taking time. If there be an object to hurry any of you in hot haste to a step which you would never take deliberately, that object will be frustrated by taking time; but no good object can be frustrated by it. Such of you as are now dissatisfied still have the old Constitution unimpaired, and, on the sensitive point, the laws of your own framing under it; while the new Administration will have no immediate power, if it would, to change either. If it were admitted that you who are dissatisfied hold the right side in the dispute, there still is no single good reason for precipitate action. Intelligence, patriotism, Christianity, and a firm reliance on Him who has never yet forsaken this favored land are still competent to adjust in the best way all our present difficulty.
In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil war. The Government will not assail you. You can have no conflict without being yourselves the aggressors. You have no oath registered in heaven to destroy the Government, while I shall have the most solemn one to “preserve, protect, and defend it.”

I am loath to close. We are not enemies, but friends. We must not be enemies. Though passion may have strained it must not break our bonds of affection. The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature.

A monumental week of anniversaries

This week saw two different events commemorated: Nov. 19 was the 150th anniversary of the Gettysburg Address by President Abraham Lincoln, and Nov. 22 was the 50th anniversary of the assassination of President John F. Kennedy. Two presidents, who took office a century apart; who both died at the hands of assassins.

Here is video from the History Channel: http://www.history.com/topics/gettysburg-address/videos#gilder-lehrman-gettysburg-address

Here is a link about the importance of the speech, and the various copies of it in existence: http://www.abrahamlincolnonline.org/lincoln/speeches/gettysburg.htm This site has a lot of really interesting related links at the bottom of the page which are well worth checking out.

Here is an article from The Atlantic: http://www.theatlantic.com/politics/archive/2013/11/the-gettysburg-address-at-150-and-lincolns-impromptu-words-the-night-before/281606/

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On the subject of the Kennedy assassination, here is an interesting compilation of links from the Dallas Morning News website– which is where the assassination took place: http://www.dallasnews.com/news/jfk50/

Chapter 20 questions

Answer fully and in detail with specifics. Use your own words.

1. What geographical truth did Lincoln point out in his inaugural address? Did Lincoln arrive in DC triumphantly? Explain.
2. What crazy scheme did Secretary of State William Seward propose to get the South to, in effect, “nullify” secession? Do you think he was joking?
3. What happened to most of the federal property in seceding states? What were the exceptions, and why were the exception important?
4. Describe the dilemma Lincoln faced regarding Ft. Sumter. How did the events at Ft. Sumter become symbolic to both the North and South? Who fired first, and on what excuse?
5. Why did public opinion change after Ft. Sumter? What is significant about the fact that Lincoln issued a call for 75,000 militiamen?
6. What were the Border states (also list them), and why did they not join the Confederacy? Why was it vital that the North keep these areas in the Union? How did this need influence strategy and goals– what lengths did Lincoln go through to keep them?
7. What happened in Missouri during the war? What about southern Illinois to southern Ohio? In modern Oklahoma (by the way, your book is not exactly correct about this)?
8. Why did Lincoln take care NOT to make antislavery one of his war aims? What WAS his stated war aim?
9. Create a chart about the strengths and weaknesses of the opposing sides. Make sure include military and political leadership, economic strength, etc.
10. What were the main characteristics of common soldiers on both sides? What was the greatest danger soldiers faced during the war? How did supplies impact one side over the other?
11. Why was cotton overestimated by Southerners as a way to gain influence and support overseas? What agricultural product eventually ended up being more persuasive in keeping Britain out?
12. What role did Britain play in the Civil War? Consider especially the blockade of the South by the Union navy (remember the Trent Affair, the Alabama and the Laird Rams). What role did Charles Francis Adams play in keeping the British out of the war?
13. What was the Southern navy like? What is a commerce raider? What role did Canada play during the fighting?
14. Who was Maximilian? How did Napoleon attempt to take advantage of the chaos in America?
15. Describe the strengths and weaknesses of Confederate political and constitutional structure. Why did Lincoln actually have an easier time of it?
16. Describe Lincoln’s record on civil liberties during the war (make sure you review the entire chapter)? Were these justified? Were they constitutional? Explain.
17. What is conscription and why was (is) it controversial? What were ways to evade conscription, and how and why did some protest this method of raising troops? What were the differences between conscription in the North versus in the South?
18. Why were Irish Americans likely to resent being drafted, from an economic standpoint (this is review of material we have discussed in class)?
19. How did the Union attempt to raise revenue to pay for the war? List and explain the various methods used, and their efficacy.
20. What was the intent of the National Banking System? How did each side try to pay for the war?
21. Why did the South have more trouble financing the war? What was the economic impact on the South? Include statistics.
22. Why did the North actually prosper during the war? Include statistics.
23. What corrupt practices occurred during the war, and why were they possible?
24. How did women contribute to the war effort on both sides?

Lincoln’s “House Divided” Speech

Research: why was Lincoln making this speech? What was he intending to do?

June 16, 1858

Mr. President and Gentlemen of the Convention:

If we could first know where we are and whither we are tending, we could better judge what to do and how to do it. We are now far into the fifth year since a policy was initiated with the avowed object and confident promise of putting an end to slavery agitation. Under the operation of that policy, that agitation has not only not ceased but has constantly augmented. In my opinion, it will not cease until a crisis shall have been reached and passed. “A house divided against itself cannot stand.” I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved; I do not expect the house to fall; but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of slavery will arrest the further spread of it and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction, or its advocates will push it forward till it shall become alike lawful in all the states, old as well as new, North as well as South.

Have we no tendency to the latter condition?

Let anyone who doubts carefully contemplate that now almost complete legal combination — piece of machinery, so to speak — compounded of the Nebraska doctrine and the Dred Scott decision. Let him consider, not only what work the machinery is adapted to do, and how well adapted, but also let him study the history of its construction and trace, if he can, or rather fail, if he can, to trace the evidences of design and concert of action among its chief architects, from the beginning.

The new year of 1854 found slavery excluded from more than half the states by state constitutions and from most of the national territory by congressional prohibition. Four days later commenced the struggle which ended in repealing that congressional prohibition. This opened all the national territory to slavery and was the first point gained.

But, so far, Congress only had acted; and an endorsement by the people, real or apparent, was indispensable to save the point already gained and give chance for more.

This necessity had not been overlooked, but had been provided for, as well as might be, in the notable argument of “squatter sovereignty,” other-wise called “sacred right of self-government,” which latter phrase, though expressive of the only rightful basis of any government, was so perverted in this attempted use of it as to amount to just this: That if any one man choose to enslave another, no third man shall be allowed to object. That argument was incorporated into the Nebraska Bill itself, in the language which follows:

It being the true intent and meaning of this act not to legislate slavery into an territory or state, nor to exclude it therefrom, but to leave the people there-of perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.

Then opened the roar of loose declamation in favor of “squatter sovereignty” and “sacred right of self-government.” “But,” said opposition members, “let us amend the bill so as to expressly declare that the people of the territory may exclude slavery.” “Not we,” said the friends of the measure; and down they voted the amendment.

While the Nebraska Bill was passing through Congress, a law case, involving the question of a Negro’s freedom, by reason of his owner having voluntarily taken him first into a free state and then into a territory covered by the congressional prohibition, and held him as a slave for a long time in each, was passing through the United States Circuit Court for the district of Missouri; and both Nebraska Bill and lawsuit were brought to a decision in the same month of May 1854. The Negro’s name was Dred Scott, which name now designates the decision finally made in the case. Before the then next presidential election, the law case came to, and was argued in, the Supreme Court of the United States; but the decision of it was deferred until after the election. Still, before the election, Senator Trumbull, on the floor of the Senate, requested the leading advocate of the Nebraska Bill to state his opinion whether the people of a territory can constitutionally exclude slavery from their limits; and the latter answers: “That is a question for the Supreme Court.”

The election came. Mr. Buchanan was elected, and the endorsement, such as it was, secured. That was the second point gained. The endorsement, however, fell short of a clear popular majority by nearly 400,000 votes, and so, perhaps, was not overwhelmingly reliable and satisfactory. The outgoing President, in his last annual message, as impressively as possible echoed back upon the people the weight and authority of the endorsement. The Supreme Court met again, did not announce their decision, but ordered a reargument.

The presidential inauguration came, and still no decision of the Court; but the incoming President, in his inaugural address, fervently exhorted the people to abide by the forthcoming decision, whatever it might be. Then, in a few days, came the decision.

The reputed author of the Nebraska Bill finds an early occasion to make a speech at this capital endorsing the Dred Scott decision, and vehemently denouncing all opposition to it. The new President, too, seizes the early occasion of the Silliman letter to endorse and strongly construe that decision, and to express his astonishment that any different view had ever been entertained!

At length a squabble springs up between the President and the author of the Nebraska Bill, on the mere question of fact, whether the Lecompton constitution was or was not in any just sense made by the people of Kansas; and in that quarrel the latter declares that all he wants is a fair vote for the people, and that he cares not whether slavery be voted down or voted up. I do not understand his declaration, that he cares not whether slavery be voted down or voted up, to be intended by him other than as an apt definition of the policy he would impress upon the public mind — the principle for which he declares he has suffered so much and is ready to suffer to the end. And well may he cling to that principle! If he has any parental feeling, well may he cling to it. That principle is the only shred left of his original Nebraska doctrine.

Under the Dred Scott decision, “squatter sovereignty” squatted out of existence, tumbled down like temporary scaffolding; like the mold at the foundry, served through one blast and fell back into loose sand; helped to carry an election and then was kicked to the winds. His late joint struggle with the Republicans against the Lecompton constitution involves nothing of the original Nebraska doctrine. That struggle was made on a point — the right of a people to make their own constitution — upon which he and the Republicans have never differed.

The several points of the Dred Scott decision, in connection with Senator Douglas’ “care not” policy, constitute the piece of machinery in its present state of advancement. This was the third point gained. The working points of that machinery are:

First, that no Negro slave, imported as such from Africa, and no descendant of such slave can ever be a citizen of any state in the sense of that term as used in the Constitution of the United States. This point is made in order to deprive the Negro, in every possible event, of the benefit of that provision of the United States Constitution which declares that “the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states.”

Second, that, “subject to the Constitution of the United States,” neither Congress nor a territorial legislature can exclude slavery from any United States territory. This point is made in order that individual men may fill up the territories with slaves, without danger of losing them as property, and thus enhance the chances of permanency to the institution through all the future.

Third, that whether the holding a Negro in actual slavery in a free state makes him free, as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave state the Negro may be forced into by the master. This point is made, not to be pressed immediately but, if acquiesced in for awhile, and apparently endorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott’s master might lawfully do with Dred Scott in the free state of Illinois, every other master may lawfully do with any other one, or 1,000 slaves, in Illinois or in any other free state.

Auxiliary to all this, and working hand in hand with it, the Nebraska doctrine, or what is left of it, is to educate and mold public opinion, at least Northern public opinion, not to care whether slavery is voted down or voted up. This shows exactly where we now are; and partially, also, whither we are tending.

It will throw additional light on the latter to go back and run the mind over the string of historical facts already stated. Several things will now appear less dark and mysterious than they did when they were transpiring. The people were to be left “perfectly free,” “subject only to the Constitution.” What the Constitution had to do with it, outsiders could not then see. Plainly enough, now, it was an exactly fitted niche for the Dred Scott decision to afterward come in and declare the perfect freedom of the people to be just no freedom at all.

Why was the amendment expressly declaring the right of the people voted down? Plainly enough, now, the adoption of it would have spoiled the niche for the Dred Scott decision. Why was the Court decision held up? Why even a senator’s individual opinion withheld till after the presidential election? Plainly enough, now, the speaking out then would have damaged the “perfectly free” argument upon which the election was to be carried. Why the outgoing President’s felicitation on the endorsement? Why the delay of a reargument? Why the incoming President’s advance exhortation in favor of the decision? These things look like the cautious patting and petting of a spirited horse preparatory to mounting him when it is dreaded that he may give the rider a fall. And why the hasty after-endorsement of the decision by the President and others?

We cannot absolutely know that all these exact adaptations are the result of preconcert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen — Stephen, Franklin, Roger, and James, for instance — and when we see these timbers joined together and see they exactly make the frame of a house or a mill, all the tenons and mortises exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few, not omitting even scaffolding, or, if a single piece be lacking, we see the place in the frame exactly fitted and prepared yet to bring such piece in — in such a case, we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first blow was struck.

Eric Foner on Dred Scott and Lincoln

From The Fiery Trial: Abraham Lincoln and American Slavery, by Eric Foner, chapter 4.

Two days after the inauguration of James Buchanan in March 1957, the Supreme Court handed down one of the most infamous decisions in its history. During the 1830s, Dred Scott, a slave of Dr. John Emerson of Missouri, resided with his owner in Illinois, where state law prohibited slavery, and the Wisconsin territory, from which it had been barred by the Missouri Compromise. He married another slave, Harriet Scott, and in 1846, after returning to Missouri, the Scott family, by now consisting of husband, wife, and two daughters, went to court claiming that residence on free soil had made them free. In time, the case made its way to the Supreme Court. Chief Justice Roger B. Taney, supported by sic other members of the court, concluded that the Scotts must remain slaves. No black person, Taney declared, could be a citizen of the United states and thus the Scotts had no standing to sue in court. The case could have ended there. Taney, however, went on to argue that because the Constitution “distinctly and expressly affirmed” the right to property in slaves, slaveholders could bring them into federal territories. The Missouri Compromise– repealed three years earlier by the Kansas-Nebraska Act– had therefore been unconstitutional. Only once before, in the landmark case of Marbury v. Madison, which established the principle of judicial review, had the Court invalidated an act of Congress on constitutional grounds.

Much of Taney’s opinion consisted of a historical discussion purporting to demonstrate that the founding fathers had not recognized black persons as part of the American people. The framers of the Constitution, he insisted, regarded blacks, slave and free, as “beings of an inferior order, and altogether unfit to associate with the white race.. and so far inferior, that they had no rights that the white man was bound to respect.” (This statement, Thaddeus Stevens later remarked, “damned [Taney] to everlasting fame; and, I fear, everlasting fire.”) States could make free blacks citizens if they wished, but this did not require the federal government or other states to recognize them as such. No state could unilaterally “introduce a new member into the political community created by the Constitution”– a community, according to Taney, limited to white persons.

“The most important decision ever made by the Supreme Court,” as the New York Times described it, Dred Scott was the work of a chief justice who belonged to a long-established planter family in Maryland. Taney had manumitted his own slaves in the 1820s but strongly believed in black inferiority. He seems to have thought that the Supreme Court could restore sectional harmony by resolving the slavery controversy. The decision had precisely the opposite effect. As a Georgia newspaper exulted, it “covers every question regarding slavery and settles it in favor of the South.” Taney had declared unconstitutional the platform of the nation’s second largest political party. His ruling also seemed to undercut Stephen A. Douglas’s popular sovereignty doctrine, for if Congress lacked the authority to deprive slaveholders of their constitutionally guaranteed right to bring slaves into a territory, how could a territorial legislature created by Congress do so?

…The Dred Scott decision propelled to the forefront of public debate questions that would dominate politics until the outbreak of the Civil War: the founders’ intentions regarding slavery; whether slavery should be viewed as a local or national institution; and the constitutional authority of the federal government to prohibit slavery in the territories. Lincoln had already expressed his opinion on these issues and would continue to do so between 1857 and 1860. But the decision inspired him to elaborate his views on a subject about which he had previously said very little, the place of blacks in American society. Lincoln knew that this question carried an explosive political charge. Soon after the Court issued its ruling, Stephen A Douglas delivered impassioned speeches declaring that the Declaration of Independence and Constitution had been written for whites and charging that Republicans who opposed the Dred Scott decision favored “perfect and absolute equality of the races.” Lincoln believed that rhetoric of this kind had played a role in Fremont’s defeat in the presidential election of the previous November. Republicans, Lincoln wrote, had been “constantly charged with seeking an amalgamation of the white and black races; and thousands turned from us… fearing to face it themselves.” If others would not “face it,” he would.

Lincoln later called Dred Scott a “burlesque upon judicial decisions.” On June 26, 1857, two weeks after Douglas spoke in Springfield in its support, Lincoln responded in the same city. The decision, he argued, was so erroneous that it could not be viewed as having established a “settled doctrine for the country.” Nearly all Republican leaders agreed. But unlike most Republicans politicians, who preferred to attack Taney for having taken on the territorial question when he need not have done so and who devoted most of their attention to the constitutional power of Congress to bar the institution in the territories, Lincoln addressed head-on the vexatious question of black citizenship. He denied that Taney had presented a plausible account of the founders’ racial outlook. Free blacks, he pointed out, echoing Justice McLean’s dissent, had voted in several states at the time the Constitution was ratified, indicating that they were them viewed as members of the body politic. Taney, moreover, was “grossly incorrect” to imply that “the public estimate of the negro” had improved since the revolutionary era; in fact, “the change between then and now is decidedly the other way.” Lincoln conspicuously failed to mention the deteriorating situation in Illinois, whose voters and legislature within the past decade had approved measures barring free blacks from entering the state….

More information on Dred Scott from PBS here: http://www.pbs.org/wgbh/aia/part4/4p2932.html