2.13.13
The Dred Scott Case
     During the Pre-Civil War era, a famous court case took place. A black man who was a slave was suing his master. He and his wife had lived on free soil for a relatively long period of time. As a result, he felt that he had the right to be free. The head justice in the Supreme Court at the time was Roger B. Taney. Taney was a southern Democrat who supported slavery. The supreme court ended up ruling against Dred Scott. Their reasoning was that because he was a slave, which made him property, he could not be taken away from his owner without the due process of law. Additionally, they reasoned that as a slave, he was not an American citizen, which gave him no right to sue his owner in the first place. The abolitionists in the north were outraged. They felt that the government was practically encouraging slavery. This court decision led to the formation of the republican party and therefore the election of Lincoln.
Sources:
http://www.pbs.org/wgbh/aia/part4/4h2933.html
http://www.pbs.org/wnet/supremecourt/antebellum/images/dred.jpg