Tragedy on the Horizon: The Dred Scoll Decision A Historical Narrative

By Denise A. Pascale

The Dred Scott case of 1857 was the worst decision in the history of the court. It was supposed to prevent the Civil War. Instead, it was the main factor that caused the Civil War. Chief Justice Roger B. Taney ruled that slaves could never be full citizens of the United States. Hence, the war started shortly after.

The tragedy of the Civil War was years in the coming. Of course, the culture of slavery was ingrained in the societies, both in the Northern and Southern States.

Slavery was never to be extended into the new territories or states! The framers of the Constitution were very cautious about the way they handled the slavery questions. They did not know how to present the Declaration's promise "that all men are created equal."

• Language: English
• Publisher: Page Publishing, Inc.
• Release date: May 13, 2024
• ISBN: 9798889606246

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Tragedy on the Horizon

The Dred Scoll Decision A Historical Narrative

Denise A. Pascale

Copyright © 2024 Denise A. Pascale

All rights reserved

First Edition

PAGE PUBLISHING

Conneaut Lake, PA

First originally published by Page Publishing 2024

ISBN 979-8-88960-607-9 (pbk)

ISBN 979-8-88960-624-6 (digital)

Printed in the United States of America

Table of Contents

Foreword

Introduction

Scene 1

Lincoln-Douglas Third Debate

Scene 2

Panel Commentary

Scene 3

A Short Rebuttal from the Fifth Debate

Scene 4

Inauguration of President James Buchanan

Scene 5

Scene 6

Old Supreme Court Chief Justice Roger Taney Reads Part of His Decision

Scene 7

Panel Commentary

Scene 8

First Debate with Comparisons of Douglas and Taney Similarities

Scene 9

Scene 10

Courthouse to Hear the Dissent of Justice Benjamin Curtis

Scene 11

Panel Commentary, Dispute between Chief Justice Taney and Benjamin Curtis

Scene 12

Seventh Lincoln-Douglas Debate

Scene 13

Supreme Court to Hear the Dissent of Justice McLean

Scene 14

Panel Commentary

Scene 15

Supreme Court Partial Opinions of Justice Catron and Nelson

Scene 16

Panel Commentary

Scene 17

The Old Courthouse

Scene 18

Panel Discussion

Scene 19

First Debate Again, Lincoln's Charge of Conspiracy

Epilogue

Bibliography

About the Author

To my mother, a lover of history

To my daughter, Amanda, and grandsons, Keith Joseph and Raymond Thomas

If Slavery is not wrong, then nothing Is wrong!

—A. Lincoln

Foreword

The Dred Scott Decision was read by Chief Justice Roger B. Taney on March 6, 1857. This decision had a major impact on the entire country because it said that the Negro could never be a citizen of the United States. Its consequences led to the election of Abraham Lincoln. Because Lincoln won, the Southern States seceded from the Union.

The tragedy of the Civil War was years in the coming! Of course the culture of slavery was engrained in the societies, both Northern and Southern States. Slavery was never to be extended into the new territories or states. The framers of the Constitution were very cautious about the way they handled slavery questions. They did not know how to present the Declaration's promise that all men are created equal.

Here is my attempt to present the nature of the Dred Scott Decision, the worst decision of the Supreme Court's history. I have tried to prove that Senator Stephen A. Douglas spent his lifetime fighting for the nationalization of slavery.

This is a historical narrative. The discussion consists of a few theories for Abraham Lincoln in his debates with Stephen Douglas accusing him of planning with Franklin Pierce, James Buchanan, and Roger Taney, the Supreme Court Justice in the 1857 landmark Dred Scott Decision. We study history so that we can avoid repeating outcomes and save lives and prevent unnecessary wars. The purpose of this monograph is to prove or disprove this allegation. Was there a conspiracy or not? Much has been written; however, finding all the evidence to conclude these theories from over a century and a half was not possible. With all the technology we have today, e-mails, iPhones, and computers, it's hard to imagine that all Stephen Douglas or any involved in this plot had to do was throw away the original copy read from the bench.

The conspiracy starts because the Supreme Court is not supposed to be political. It's the third branch of government that should be impartial, to work clear of the passion of the current political issues at any given time. Decisions were to be based on principles of law. Lastly, Judicial rulings were not to be discussed with the presidents or in this case president-elect James Buchanan.

The following monograph presents theories about a historical event that is shrouded in history. It will take place with myself, the narrator, Professor Harris (fictional character), Thurgood Marshall (the first African-American Associate Justice), and Chief Justice William Rehnquist in a panel format as we watch the Lincoln–Douglas debates and the old Supreme Court where the Dred Scott Decision was read.

Introduction

Stephen Douglas was a short, stout man of about 5'3". He had a rather large head. He enjoyed bellowing and theatrics, thus the name the Little Giant. It is quite amazing that the Dred Scott Decision had already been decided a year before the famous debates. Slavery became national as Stephen Douglas engineered. So this is a recreation of the history, with me, the narrator, and my insights and interpretations.

In the panel commentaries, I agree with Professor Harris on some points and disagree on others. Professor Harris's opinions are also mine!

Douglas became familiar with slavery when his first wife died and was left a plantation in the territory of Mississippi. It didn't take him long to come to the conclusion that the Declaration of Independence and the Constitution were written for White people alone.

Scene 1