Author | Don E. Fehrenbacher |
---|---|
Subject | Dred Scott v. Sandford |
Genre | history |
Publisher | Oxford University Press |
Publication date | 1978 |
Publication place | US |
Pages | 759 |
Awards | Pulitzer Prize for History |
ISBN | 0195145887 |
The Dred Scott Case: Its Significance in American Law and Politics is a 1978 nonfiction book by the American historian Don E. Fehrenbacher, published by Oxford University Press. The book explores the infamous U.S. Supreme Court case Dred Scott v. Sandford of 1857, which ruled that the U.S. Congress could not regulate slavery in the territories, that the Constitution did not regard Black people as citizens, and that Black people "had no rights which the white man was bound to respect." [1]
In 1979, The Dred Scott Case was awarded the Pulitzer Prize for History. [2]
Dred Scott v. Sandford, 60 U.S. 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and therefore they could not enjoy the rights and privileges the Constitution conferred upon American citizens. The decision is widely considered the worst in the Supreme Court's history, being widely denounced for its overt racism, judicial activism, poor legal reasoning, and crucial role in the start of the American Civil War four years later. Legal scholar Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions". A future chief justice, Charles Evans Hughes, called it the Court's "greatest self-inflicted wound".
Dred Scott was a black slave who, along with his wife, Harriet, unsuccessfully sued for the freedom of themselves and their two daughters, Eliza and Lizzie, in the Dred Scott v. Sandford case of 1857, popularly known as the "Dred Scott decision". The Scotts claimed that they should be granted freedom because Dred had lived in Illinois and the Wisconsin Territory for four years, where slavery was illegal, and laws in those jurisdictions said that slave holders gave up their rights to slaves if they stayed for an extended period.
Ex parte Merryman, 17 F. Cas. 144 (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline to enforce judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.
Benjamin Robbins Curtis was an American lawyer and judge who served as an associate justice of the United States Supreme Court from 1851 to 1857. Curtis was the first and only Whig justice of the Supreme Court, and he was the first Supreme Court justice to have a formal law degree. He is often remembered as one of the two dissenters in the Supreme Court's infamous 1857 decision Dred Scott v. Sandford.
George Ellis Pugh was a Democratic politician from Ohio. He served in the U.S. Senate from 1855 to 1861.
John Archibald Campbell was an American jurist. He was a successful lawyer in Georgia and Alabama, where he served in the state legislature. Appointed by Franklin Pierce to the United States Supreme Court in 1853, he resigned at the beginning of the American Civil War, traveled south and became an official of the Confederate States of America. After serving six months in a military prison at war's end, he secured a pardon and resumed his law practice in New Orleans, where he also opposed Reconstruction.
Prigg v. Pennsylvania, 41 U.S. 539 (1842), was a United States Supreme Court case in which the court held that the Fugitive Slave Act of 1793 precluded a Pennsylvania state law that prohibited Blacks from being taken out of the free state of Pennsylvania into slavery. The Court overturned the conviction of slavecatcher Edward Prigg as a result.
The House Divided Speech was an address given by senatorial candidate and future president of the United States Abraham Lincoln, on June 16, 1858, at what was then the Illinois State Capitol in Springfield, after he had accepted the Illinois Republican Party's nomination as that state's US senator. The nomination of Lincoln was the final item of business at the convention, which then broke for dinner, meeting again at 8 pm. "The evening session was mainly devoted to speeches", but the only speaker was Lincoln, whose address closed the convention, save for resolutions of thanks to the city of Springfield and others. His address was immediately published in full by newspapers, as a pamphlet, and in the published proceedings of the convention. It was the launching point of his unsuccessful campaign for the senatorial seat held by Stephen A. Douglas; the campaign would climax with the Lincoln–Douglas debates. When Lincoln collected and published his debates with Douglas as part of his 1860 presidential campaign, he prefixed them with relevant prior speeches. The "House Divided" speech opens the volume.
Paul Finkelman is an American legal historian. He is the author or editor of more than 50 books on American legal and constitutional history, slavery, general American history and baseball. In addition, he has authored more than 200 scholarly articles on these and many other subjects. From 2017 - 2022, Finkelman served as the President and Chancellor of Gratz College, Melrose Park, Pennsylvania.
Don Edward Fehrenbacher was an American historian. He wrote on politics, slavery, and Abraham Lincoln. He won the 1979 Pulitzer Prize for History for The Dred Scott Case: Its Significance in American Law and Politics, his book about the Dred Scott Decision. In 1977 David M. Potter's The Impending Crisis, 1848-1861, which he edited and completed, won the Pulitzer Prize. In 1997 he won the Lincoln Prize.
The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney served as Chief Justice until his death in 1864, at which point Salmon P. Chase took office. Taney had been an important member of Andrew Jackson's administration, an advocate of Jacksonian democracy, and had played a major role in the Bank War, during which Taney wrote a memo questioning the Supreme Court's power of judicial review. However, the Taney Court did not strongly break from the decisions and precedents of the Marshall Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Taney Court's holdings are overshadowed by the decision in Dred Scott v. Sandford, in which the court ruled that African-Americans could not be citizens. However, the Taney Court's decisions regarding economic issues and separation of powers set important precedents, and the Taney Court has been lauded for its ability to adapt regulatory law to a country undergoing remarkable technological and economic progress.
The inauguration of James Buchanan as the 15th president of the United States was held on Wednesday, March 4, 1857, at the East Portico of the United States Capitol in Washington, D.C. This was the 18th inauguration and marked the commencement of the only four-year term of both James Buchanan as president and John C. Breckinridge as vice president. Chief Justice Roger B. Taney administered the presidential oath of office. This was the first inauguration ceremony known to be photographed.
John Catron was an American jurist who served as an associate justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court.
Robert Cooper Grier was an American jurist who served on the Supreme Court of the United States.
John McLean was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and United States Supreme Courts. He was often discussed for the Whig Party nominations for president, and is also one of the few people who served in all three branches of government.
Roger Brooke Taney was an American lawyer and politician who served as the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Taney delivered the majority opinion in Dred Scott v. Sandford (1857), ruling that African Americans could not be considered U.S. citizens and that Congress could not prohibit slavery in the U.S. territories. Prior to joining the U.S. Supreme Court, Taney served as the U.S. attorney general and U.S. secretary of the treasury under President Andrew Jackson. He was the first Catholic to serve on the Supreme Court.
Lemmon v. New York, or Lemmon v. The People (1860), popularly known as the Lemmon Slave Case, was a freedom suit initiated in 1852 by a petition for a writ of habeas corpus. The petition was granted by the Superior Court in New York City, a decision upheld by the New York Court of Appeals, New York's highest court, in 1860 on the eve of the Civil War.
Slavery has been forbidden in the state of Minnesota since that state's admission to the Union in 1858. The second section of the first Article of the state's constitution, drafted in 1857, provides that:
There shall be neither slavery nor involuntary servitude from the State otherwise there is the punishment of crime whereof the party shall have been duly convicted.
Hugh Alfred Garland was an American lawyer and politician. He served in the Virginia House of Delegates in 1833. In 1838 to 1841 he served as clerk of the United States House of Representatives.