Docstoc

The Antebellum Period

Document Sample
The Antebellum Period Powered By Docstoc
					Check Mike

Check Sound

Circulate Attendance

Time

Today’s Lecture:

Slavery and Race Through Antebellum America

Number:

7

Lecture Organization: • Class announcements • Why Slavery Didn’t Die • Missouri Compromise

• Andrew Jackson
• Legal Issues That Birth Dred Scott • The Dred Scott Case

1/24/2009

Copyright, Sean Wilson. 2007.

5

Class Announcements

paper deadlines -- keep an eye on the paper deadlines -- research paper = Feb. 16th (meeting) -- other paper (summary and critique) is later.

Class Announcements

exam date problem -- I don’t think there will be enough time to complete it -- possible solutions: (a) test on two days

(b) have a take-home component

Questions?

Why Slavery Didn’t Die

slavery in the north -- started to be put on a path to extinction around the time of the American revolution -- economic model was different: diversified crops and transitioning into the new capitalistic institutions (banking, industrial, manufacturing, stock markets, corporations, etc) -- common belief that slavery would extinguish itself -- Constitution had set a deadline of 1808 for Congress to be able to cut of the slave trade, which it did

Why Slavery Didn’t Die

in the South -- Initially, it looked like it would die: • Tobacco and profitability

Tobacco and profitability – Tobacco was the central cash crop of the 1600s in southern colonial America (Virginia, North Carolina). But two things happened. First, it depleted the soil, which hurt the yield of future crops. Second, it became less profitable in the 1700s. Prices generally fell from 1680 through 1740 – and rode a roller coast ride of boom and bust thereafter. Some years were good, some bad. The less profit one could obtain from tobacco, the less incentive tobacco growing states had to use slavery. This is the time period when one sees voluntary emancipation programs arise in Virginia (1782) and emancipation societies emerging in Virginia and North Carolina. -- source, Allen C. Guelzo (paraphrased)

1/24/2009

Copyright, Sean Wilson. 2007.

11

Why Slavery Didn’t Die

in the South -- Initially, it looked like it would die: • Tobacco and profitability • federal ordinance passed to organize the northwest territory in 1787
Northwest Ordinance –

“There shall be neither slavery nor involuntary servitude in the said territory otherwise than as punishment for crimes where the party shall have been duly convicted.”

Why Slavery Didn’t Die

in the South two things happen (a) The invention of artificial machines (“spinning jenny”) to eliminate the handwork for making clothes (“textiles”). -- picture

1/24/2009

Copyright, Sean Wilson. 2007.

14

dramatically reduced the amount of work needed to produce yarn, with a single worker able to work eight or more spools at once. --laid the foundation for Britain’s industrial revolution (capacity for clothing production was high)

1/24/2009

Copyright, Sean Wilson. 2007.

15

Why Slavery Didn’t Die

in the South two things happen (b) invention of the cotton gin -- You didn’t have to pick the seeds out of the cotton: they were automatically separated with hand-crank roller. -- the cost for cotton dropped while English textile mills were wanting to produce more and more clothing

1/24/2009

Copyright, Sean Wilson. 2007.

17

Why Slavery Didn’t Die

in the South the end result -- cotton as a cash crop becomes as valuable as sugar is to the West Indies -- 1790-1850, American cotton exports increased from 12 million pounds to 588 million pounds (number of slaves go from around 700,000 to about 3.9 million)

Beginning of a new “racial ideology” [explain]
-- the South will rationalize the center of power for themselves

Why Slavery Didn’t Die

Need for more land -- slavery will not be able to exist unless it continues to acquire new land

Question:
Why?

Why Slavery Didn’t Die

Need for more land reproducing itself -- internal population growth is exponential (just as it is for non-slave population) --oversupply is not good – it depreciates the capital investment [a horrifyingly disgusting idea]. Carolina and Virginia had an oversupply of slave labor that they wanted to export into new lands

Why Slavery Didn’t Die

Need for more land planter reproduction -- planters having plenty of kids -- no primogeniture in America!

(second and third sons needing their own spread of land)

Why Slavery Didn’t Die

Need for more land soil depletion -- continued tobacco farming eroding the soil

Why Slavery Didn’t Die

Need for more land -- will spread to southern states out west (e.g., Texas, Louisiana, Mississippi, Alabama, Kentucky, etc.)

Missouri Compromise

Balance of Power -- the spread of slavery out west is upsetting the balance of power -- north v. south; free versus slave states (slave states were gaining an advantage in congress). -- every new slave state would get two new senators (plus have its representation in Congress inflated by the 3/5ths rule) -- 1817, free and slave states numbered 11 each -- 1818, both Main and Missouri are asking for Statehood

Missouri Compromise

The Compromise -- Missouri and Maine can be states, but: -- No slave states can exist in lands north of Missouri’s southern border

-- “Mason-Dixon line for the West”

Green area is free Missouri is the exception

Blue Line
Orange is slave

1/24/2009

Copyright, Sean Wilson. 2007.

26

Andrew Jackson

1. President in 1828 -- creates the Democratic Party -- it is pro “agrarian ideology” (pro-slavery, pro-south) 2. Unabashed slavery supporter -- not only owns slaves, but, for a while, has a business that sells them -- distinction between owning and selling (compare to psychology of drug transactions today)

1/24/2009

Copyright, Sean Wilson. 2007.

27

Jackson and Slavery – Jackson owned fewer than a few field hands in the early years. By 1820, he owned 4 dozen (48). By 1829, he held 100 slaves. He was one of the larger slaveholders in TN. Also, Jackson was in the business of the slave trade. IN 1810, he formed a partnership with two other people to trade various commodities, including slaves, cotton and tobacco. The name of the game was to buy low and sell high. [Brands goes on to note: “slave holding per se was not a disqualification for holding political office, but slave trading might be” -- it was now regarded as being much worse, morally].

[Source: H.W. Brands]

1/24/2009

Copyright, Sean Wilson. 2007.

28

Andrew Jackson

3. Censors abolitionist literature -- a law passed that disallowed Congress from debating or considering abolitionist petitions -- Jackson administration allowed the federal post office to confiscate abolitionist literature in the south and destroy it (incendiary communication)

1/24/2009

Copyright, Sean Wilson. 2007.

29

Andrew Jackson

Jacksonian Democracy Democratization Movement -- expanding the vote to all adult white males • removing property qualifications

• every taxpayer can vote
-- less appointive offices (e.g., judges being elected statewide) -- “common man” rhetoric;

Andrew Jackson

Jacksonian Democracy Blatantly Racist -- African American voting in the north stops -- voting is now only for white males

Voting in Early America -In 1790, free African American men could vote on equal terms with whites in New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and North Carolina. Free African American men were enfranchised in the new states of Kentucky in 1792 and Tennessee in 1796, although the right was removed in Kentucky in 1798 and in Tennessee in 1834.
Source: Alexander Keyssar’s, The Right to Vote: The Contested History of Democracy in the United States. (Noted in The Rise of American Democracy: Jefferson to Lincoln by Sean Wilentz.)

1/24/2009

Copyright, Sean Wilson. 2007.

32

Andrew Jackson

Roger Brooke Taney -- Andrew Jackson’s Attorney General (legal opinion as Attorney General)
Taney’s Legal Opinion as Attorney General – When he was in that capacity, he wrote a legal opinion that argued that 'southern states had the power to prohibit free African Americans from entering their borders: “the African people, everywhere they were found, a degraded status, and any right they received came about from privilege and grace, not as a legal entitlement or right.... they were not looked upon as citizens by the contracting parties to the constitution.”

Andrew Jackson

Roger Brooke Taney -- appointed to the Supreme Court -- “Borked” in 1835 – Senate would not act on his appointment

-- When John Marshall died, his appointment was successful
-- fierce debate in Congress that lasted 3 months.

The Legal Issues That Birth Dred Scott
Three Provisions -- there are three legal provisions that we have to understand

Constitution Full Faith and Credit Clause • -- marriage, drivers license, etc

The Fugitive Slave Clause–

Fugitive Slave Clause • -- escaped slaves from one state can’t be made free by the laws of other states • -- have to be extradited back upon one who makes a claim

"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."
1/24/2009

Copyright, Sean Wilson. 2007.

36

Constitution Full Faith and Credit Clause • -- marriage, drivers license, etc Liberty Laws • a slave who is present for 6 continuous months in Pennsylvania is now free • “once free, always free” Question: Question: [can’t be re-enslaved].

Full Faith and Credit Clause • -- escaped slaves from one state can’t be made free by the laws of other states • -- have to be extradited back upon one who makes a claim

if the owner consentedto athe if a slave escaped to slave going to a free state, free state, does the law would that make the person allow the free state to “free?” make the person “free?”
1/24/2009

Copyright, Sean Wilson. 2007.

37

Constitution Full Faith and Credit Clause • -- marriage, drivers license, etc Liberty Laws • a slave who is present for 6 continuous months in Pennsylvania is now free • “once free, always free” [can’t be re-enslaved]. • idea: “implied consent.” (waiver of your rights).
1/24/2009
Copyright, Sean Wilson. 2007. 38

Full Faith and Credit Clause • -- escaped slaves from one state can’t be made free by the laws of other states • -- have to be extradited back upon one who makes a claim

The Legal Issues That Birth Dred Scott
Strader v. Graham -- owner consented to slaves going to Ohio for entertainment; slaves fled to Canada
Strader v. Graham–
Two slaves who entertained people as minstrels were sent by their owners from the slave state of Kentucky to the free state of Ohio. They escaped and went to Canada, which was also free. Taney wrote the decision and held: “the status of the slaves of Kentucky was determined by Kentucky law and not Ohio.

The Dred Scott Case

Who was Dred Scott? -- first owner was Peter Blow

What is his real name? Dred Scott was originally owned by a man named Peter Blow, who lived in Alabama, but then moved to St. Louis MO. He died in 1832 and his executors sold off 2 slaves: 2 were sold to Dr. John Emerson. The slaves had the name Sam and the other one did not have a name. We don't know if one of the slaves was known as “Dred Scott” or if Dr. Emerson gave him that name.

1/24/2009

Copyright, Sean Wilson. 2007.

41

The Dred Scott Case

Who was Dred Scott? -- second owner: Dr. Emerson (moved around a lot)

Travel, Marriage and Kids --

By all accounts, Emerson was a poor physician and a chronic malcontent. He finagled the position of an army medical officer. He was assigned to fort Armstrong in ill, which was a free state. After quarrels with other officers, Emerson asked to be transferred. he was later transferred to an area in the Wisconsin territory known as Minnesota. This was also free territory. During this time Dred Scott married Harriet Robinson, another slave girl, and they had 2 children. the 2 daughters, Elisa and Lizzy, were both born in free territory. Dr Emerson continued to quarrel with this commanders and was later posted to Louisiana and Florida. the army finally had enough of Emerson and dismissed him from service in 1842. he returned to St. Louis and died most likely from syphilis in 1843. In 1846, Dred Scott filed a lawsuit in state court seeking freedom for himself and his family.

1/24/2009

Copyright, Sean Wilson. 2007.

43

Travel, Marriage and Kids --

By all accounts, Emerson was a poor physician and a chronic malcontent. He finagled the position of an army medical officer. He was assigned to fort Armstrong in ill, which was a free state. After quarrels with other officers, Emerson asked to be transferred. he was later transferred to an area in the Wisconsin territory known as Minnesota. This was also free territory. During this time Dred Scott married Harriet Robinson, another slave girl, and they had 2 children. the 2 daughters, Elisa and Lizzy, were both born in free territory. Dr Emerson continued to quarrel with this commanders and was later posted to Louisiana and Florida. the army finally had enough of Emerson and dismissed him Question: from service in 1842. he returned to St. Louis and died most likely from syphilis in 1843. In 1846, Dred ScottBased upon whatstate court filed a lawsuit in you seeking freedom for himself and his family.

know about “the law,” is he free?

1/24/2009

Copyright, Sean Wilson. 2007.

44

Constitution Full Faith and Credit Clause • -- marriage, drivers license, etc Liberty Laws • a slave who is present for 6 continuous months in Pennsylvania is now free • idea: “implied consent.” (waiver of your rights). • “once free, always free” [can’t be re-enslaved].
1/24/2009
Copyright, Sean Wilson. 2007. 45

Full Faith and Credit Clause • -- escaped slaves from one state can’t be made free by the laws of other states • -- have to be extradited back upon one who makes a claim

The Dred Scott Case

Suing for Freedom -- The Blows tried to help Dred Scott obtain freedom -- hired a lawyer for him -- He won before a jury in 1850.

-- State supreme court reversed because of Strader v. Graham

The Dred Scott Case

Federal Lawsuit -- Scott files another lawsuit in federal court
The Federal Lawsuit -The Scotts didn't give up. Supported by the Blow family, they filed another lawsuit. It went into federal court. This time, the people claiming ownership over Dred Scott included Mrs Emerson's brother, John Sanford. He also claimed joint ownership in the state courts. John Sanford was a resident and citizen of New York.

The Dred Scott Case

Federal Lawsuit “diversity jurisdiction” -- Lawsuits between two different citizens of a state can go to federal court

The Dred Scott Case

Federal Lawsuit -- fails in the lower court; goes to the Supreme Court. -- Montgomery Blair
Montgomery Blair -When the lawyers filed an appeal to the supreme court, they felt they had little chance of success on their own and they needed a nationally known lawyer who had practiced before the sup ct. Dred Scott through his lawyers submitted pamphlets to people explaining that he didn't have money and needed help. One lawyer answered the call and agreed to do it for free: Montgomery Blair.

The Dred Scott Case

Federal Lawsuit -- fails in the lower court; goes to the Supreme Court. -- Montgomery Blair -- the deck was stacked:

The Deck is Stacked --

5 of the justices who heard the arguments were southerners. All of these justices owned slaves or came from slave owning families. Two of the northerners were democrats: Samuel nelson of New York and Robert Greer of Pennsylvania -- and those Democrats sided with their parties pro slavery stance. Only John Mclain of Ohio and Benjamin Curtis of Massachusetts had no ties to the Democrats. But both of those men had supported the constitutionality of the fugitive slave laws, so it seems as though Montgomery Blair had a daunting task ahead of him.

1/24/2009

Copyright, Sean Wilson. 2007.

51

The Dred Scott Case

Federal Lawsuit -- fails in the lower court; goes to the Supreme Court. -- Montgomery Blair -- the deck was stacked:

-- case had to be reargued (probably because the Court did not want to announce the ruling during a presidential race)

Three Basic Positions:
1 Waiver logic 2 Precedent Logic 3 Racist Logic

• Americans of by enough •The owner waived his rightscloseknowinglyto are not citizens of •This situation is African descent the Strader the and voluntarily taking Dred Scot to all of theseare not “people.”) case. country (implication: they free states and keeping him there so long. is unconstitutional. • The Missouri Compromise • Therefore, “the law” has already spoken on • Property can beissue. abandoned, gifted, not for Americans this• The American revolution was willfully transferred, etc who descended from Africa. (skin color). – and the owner did these • Dred Scot is not free; but free African things impliedly by his conduct. Question: Americans are “people” and “citizens.” Question: What not do this. -• The Owner in Graham did happens if this is Graham Distinguished the holding?

Why did Taney and the others rule this way?

1/24/2009

Copyright, Sean Wilson. 2007.

53

No Politics involved? Just being objective? Taney:“It is not the province of the court to decide upon the justice or injustice, the policy or impolicy, of these laws. ... The duty of this court is to interpret the instrument they have framed, with the best lights we can obtain on the subject, and to administer it as we find it, according to its true intent and meaning when it was adopted.”

1/24/2009

Copyright, Sean Wilson. 2007.

54

The Dred Scott Case

-- Taney had declared not only that slaves were not citizens, but that free African Americans were not citizens -- every state had free African Americans in 1787, and the constitution never excluded their citizenship. -- His decision was historically, factually wrong (nods to Mark Graber) -- Notice that, theoretically, the decision allows slavery to go into the north. (If you can take your slaves up there and they stay slaves, why not just move your plantation there?)

-- Two justices dissented: John Mclean. Benjamin Curtis.
1/24/2009
Copyright, Sean Wilson. 2007. 55


				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:525
posted:1/24/2009
language:English
pages:55
Description: PowerPoint slides for my Struggle for Civil Rights Class. See http://ludwig.squarespace.com/rightspage/