In 1834 Dr. Emerson, an army officer stationed in Missouri, removed to Illinois, taking with him his slave, Dred Scott. Two years later, again accompanied by Scott, he went to Minnesota. In Illinois slavery was prohibited by state law and Minnesota was a free territory. In 1838 Emerson returned with Scott to Missouri. After a while the slave raised the important question: Had not his residence outside of a slave state made him a free man? Beaten by his master in 1848, with the aid of anti-slavery lawyers Scott brought a suit against him for assault and battery, the circuit court of St. Louis rendering a decision in his favor. Emerson appealed and in 1852 the Supreme Court of the state reversed the decision of the lower court. Not long after this Emerson sold Scott to a citizen of New York named Sandford. Scott now brought suit against Sandford, on the ground that they were citizens of different states. The case finally reached the Supreme Court of the United States, which in 1857 handed down the decision that Scott was not a citizen of Missouri and had no standing in the Federal courts, that a slave was only a piece of property, and that a master might take his property with impunity to any place within the jurisdiction of the United States. The ownership of Scott and his family soon passed to a Massachusetts family by whom they were liberated; but the important decision that the case had called forth aroused the most intense excitement throughout the country, and somehow out of it all people remembered more than anything else the amazing declaration of Chief Justice Taney that "the Negroes were so far inferior that they had no rights which the white man was bound to respect." The extra-legal character and the general fallacy of his position were exposed by Justice Curtis in a masterly dissenting opinion.
No one incident of the period showed more clearly the tension under which the country was laboring than the assault on Charles Sumner by Preston S. Brooks, a congressional representative from South Carolina. As a result of this regrettable occurrence splendid canes with such inscriptions as "Hit him again" and "Use knock-down arguments" were sent to Brooks from different parts of the South and he was triumphantly reëlected by his constituency, while on the other hand resolutions denouncing him were passed all over the North, in Canada, and even in Europe. More than ever the South was thrown on the defensive, and in impassioned speeches Robert Toombs now glorified his state and his section. Speaking at Emory College in 1853 he had already made an extended apology for slavery;[1] speaking in the Georgia legislature on the eve of secession he contended that the South had been driven to bay by the Abolitionists and must now "expand or perish." A writer in the _Southern Literary Messenger_,[2] in an article "The Black Race in North America," made the astonishing statement that "the slavery of the black race on this continent is the price America has paid for her liberty, civil and religious, and, humanly speaking, these blessings would have been unattainable without their aid." Benjamin M. Palmer, a distinguished minister of New Orleans, in a widely quoted sermon in 1860 spoke of the peculiar trust that had been given to the South--to be the guardians of the slaves, the conservers of the world's industry, and the defenders of the cause of religion.[3] "The blooms upon Southern fields gathered by black hands have fed the spindles and looms of Manchester and Birmingham not less than of Lawrence and Lowell. Strike now a blow at this system of labor and the world itself totters at the stroke. Shall we permit that blow to fall? Do we not owe it to civilized man to stand in the breach and stay the uplifted arm?... This trust we will discharge in the face of the worst possible peril. Though war be the aggregation of all evils, yet, should the madness of the hour appeal to the arbitration of the sword, we will not shrink even from the baptism of fire.... The position of the South is at this moment sublime. If she has grace given her to know her hour, she will save herself, the country, and the world."