Missouri Compromise of 1820

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Missouri Compromise of 1820

• Designed to maintain a balance between slave and
  free states
• Established the 36degree 30N line for future
  admission of slave and free states
• Temporary solution

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Slaverys extension questioned

• Wilmot Proviso
• Popular Sovereignty
• Stephen Douglas

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Compromise of 1850

1. California would be free.
2. New Mexico, Utah decide themselves.
3. Slave trade illegal in DC.
4. Texas gave up claims to New Mexico.
5. Fugitive Slave law Passed.

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Issue of Slave or Free

• Great and Primary issue is one of political
  power. The North and South are battling over
  control of the congress and the electoral
  college.
• Sectionalism is emotional.

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Dred Scott Decision

• 1857 Scott v. Sanford
• Roger Taney is Chief Justice.
• Court ruled 7-2 against Scott.
• Slaves are not citizens and do not have rights.
• Congress could not ban slavery.

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Lincoln / Douglas Debates

• 1858 senate Race
• Freeport Doctrine It does not matter what the
  Supreme Court says slavery cannot exist in a
  territory if the local police do not support it.

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Stephan Douglas

• Freeport doctrine
• States decide Slavery.
• Not for racial equality

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The Causes of the Civil War

• Nationalism
• States Rights v/s National Rights
• Sectionalism (economics)

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Slave Owner Statistics

• According to the U.S. 1860 Census, one out of
  every four families in Virginia owned slaves.
  There were over 100 plantation owners who owned
  over 100 slaves.
• Population of Virginia 1860 1,596,318 people
• Number of slaves in the Lower South 2,312,352
  (47 of total population).
• Number of slaves in the Upper South 1,208,758
  (29 of total population).
• Number of slaves in the Border States 432,586
  (13 of total population).
• Fewer than one-third of all Southern families
  owned slaves at the peak of slavery prior to the
  Civil War.
• On a typical plantation of more than 20 slaves,
  the capital value of the slaves was greater than
  the capital value of the land and implements.

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Election of 1860

• Abraham Lincoln R- Freehomesteads, protective
  tariff, internal improvements, rail to pacific,
  preserve the union.
• Stephan Douglas D- Popular Sovereignty.

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The Election of 1860

• John Breckenridge D Pro Slavery
• John Bell Constitutional Union Party
• Save the Union at all costs and no stance on
  slavery.

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Election of 1860

• Lincoln was not on the ballot in the southern
  states.
• Lincoln received 40 of the vote.

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CSA formed

• South Carolina seceded 12-20-1860.
• CSA formed when Florida, Georgia, Alabama, Texas,
  Mississippi, Louisiana also secede from the
  Union.
• Before April of 1861.

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Jefferson Davis

• Elected President of Provisional CSA govt.
• Instituted a national conscription.

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First Fighting of the War

• Fort Sumter, South Carolina April 6, 1861
• Shelled for 33 hours.

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Habeas Corpus

• Art. I, Sec. 9 of the Constitution says, The
  Privilege of the Writ of Habeas Corpus shall not
  be suspended, unless when in Cases of Rebellion
  or Invasion the public Safety may require it.
• Who is protected by habeas corpus? U.S. citizens?
  Persons in the U.S.? Persons held by the U.S.
  government?
• Art. I outlines legislative, not executive power.
  Therefore, is this a limitation on legislative
  power?
• Can the executive unilaterally suspend habeas
  corpus?

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Ex parte Merryman (1861)

• In April 1861 Lincoln unilaterally and secretly
  suspended the writ of habeas corpus in Maryland.
  Among the pro-Confederates in the Maryland
  militia was Lieutenant John Merryman. He had
  recruited and trained soldiers for the
  Confederate army and was involved in cutting
  telegraph wires and burning railroad bridges. On
  May 25, Merryman was arrested and charged with
  treason.
• Merryman's lawyers appealed to the United States
  Circuit Court for the District of Maryland. At
  this time, Supreme Court Justices sat as circuit
  judges while the Supreme Court was not in
  session. Merryman's complaint was heard by Chief
  Justice Roger Taney.
• Taney promptly issued a writ of habeas corpus for
  Merryman and held that the President cannot
  suspend habeas corpus These great and
  fundamental laws, which congress itself could not
  suspend, have been disregarded and suspended,
  like the writ of habeas corpus, by a military
  order, supported by force of arms. Such is the
  case now before me, and I can only say that if
  the authority which the constitution has confided
  to the judiciary department and judicial
  officers, may thus, upon any pretext or under any
  circumstances, be usurped by the military power,
  at its discretion, the people of the United
  States are no longer living under a government of
  laws, but every citizen holds life, liberty and
  property at the will and pleasure of the army
  officer in whose military district he may happen
  to be found.
• Lincoln, citing Andrew Jackson before him,
  disregarded the ruling. Lincoln also got an
  opinion supporting his suspension from Attorney
  General Bates. It formed the basis for Lincoln's
  July 4, 1861 speech to Congress in which he
  rhetorically asked "Are all the laws, but one, to
  go unexecuted, and the government itself go to
  pieces, lest that one be violated?" Lincoln
  subsequently expanded the zone within which the
  writ was suspended.

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Congress Responds

• When Congress convened in special session on July
  4, 1861, Lincoln sent them a message in which he
  defended his actions in suspending the writ of
  habeas corpus. Although he felt he had the right
  to expand his powers under the Constitution, he
  assured the members that nothing has been done
  beyond the constitutional competency of Congress
  and he expressed confidence that the legislature
  would ratify the extraordinary measures he had
  taken.
• Rep. Clement Vallandigham (D-OH) carried on a
  prolonged and futile fight against Lincolns acts
  of usurpation, and introduced seven resolutions
  censuring the President for the suppression of
  freedom of speech and press, the suspension of
  the writ of habeas corpus and the establishment
  of a naval blockade, among others. But by voice
  vote the House quickly tabled the resolutions and
  they never came to a vote.
• Led by Thaddeus Stevens (R-PA), the
  Republican-controlled Congress passed 66 bills,
  all but four of which related to supporting the
  war effort, in the one month they were in special
  session. For example, one of the bills authorized
  the secretary of the treasury, Salmon P. Chase,
  to borrow 250 million over the next 12 months to
  help finance the war.
• But the Union Army initially lost a series of
  battles to the South. Eventually, they fought to
  a draw at Antietam in September 1862. Lincoln
  declared victory and issued a preliminary
  Emancipation Proclamation in which he would free
  all slaves as of January 1, 1863, in Confederate
  areas still in rebellion against the U.S.
• Two days after he issued the preliminary
  proclamation he announced that at his discretion
  the writ of habeas corpus could be suspended
  anywhere in the United States.
• Peace Democrats picked up congressional seats
  during the 1862 elections and increased their
  criticism of Lincoln. On the House floor they
  howled their opposition to this imperial
  military despotism. Vallandigham had failed to
  win reelection but continued to denounce
  Lincolns tyrannical rule in a fiery February 23,
  1863 speech before he left his seat.
• Thaddeus Stevens introduced a habeas corpus bill
  in the House, giving the President the authority,
  at his discretion, to suspend the writ for the
  duration of the war. It passed in March 1863.
• No longer a member of Congress, Vallandigham gave
  a speech back in his home state of Ohio on May 1,
  1863, in which he contended that the war could
  have been concluded by negotiation but that the
  administration needlessly prolonged the bloodshed
  in order to liberate blacks and enslave whites.
  Accused of advocating resistance to the Lincoln
  administration and expressing sympathy for the
  enemy, he was arrested, denied the privilege of
  habeas corpus, tried by a military commission and
  found guilty of disloyal opinions. He was
  sentenced to prison for the duration of the war.
  But Lincoln commuted his sentence and ordered
  Vallandigham escorted to the Confederacy.

Clement Vallandigham
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Robert E Lee

• Offered Command of All Union Armies by Lincoln.
• Declined to accept.
• Commanded CSA troops during the War.

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Northern Strategy

• Naval Blockade of the South
• Gain control of the Miss. River.
• Capture Chattanooga, TN
• Capture Richmond, Virginia

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The Prize Cases (1863)

• Lincoln had not asked Congress to declare war on
  the Confederate States of America as he believed
  this would be tantamount to recognizing the
  Confederacy as a nation. Instead, Lincoln
  instituted a naval blockade which had interesting
  legal ramifications because nations do not
  blockade their own ports rather they close them.
  By ordering a blockade, Lincoln essentially
  declared the Confederacy to be belligerents
  instead of insurrectionists.
• The Confederate States were mostly agrarian, and
  almost all of their machined and manufactured
  goods were imported. At the beginning of the war
  there was only one significant steel mill and
  manufactory in the South, the Tredegar Iron Works
  in Richmond, Virginia. Moreover, the southern
  economy depended on the export of cotton, tobacco
  and other crops.
• The blockade of the South resulted in the capture
  of dozens of American and foreign ships, both
  those attempting to run the highly efficient
  blockade and smuggle goods and munitions to the
  South as well as those attempting to smuggle
  exports from the South.
• The commercial ship owners brought suit claiming
  that Lincoln did not have the authority to seize
  their ships without a formal declaration of war
  from Congress.

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Justice Robert C. Grier Delivered the Opinion of
the Court

• The right of prize and capture has its origin in
  the just belli, laws of warinternational law
  governing war and is governed and adjudged under
  the law of nations international law in
  general. To legitimate the capture of a neutral
  vessel or property on the high seas, a war must
  exist de facto, and the neutral must have
  knowledge or notice of the intention of one of
  the parties belligerent to use this mode of
  coercion against a port, city, territory.
• Writing for a 5-4 majority, Grier said that the
  parties do not have to be sovereign nations, one
  belligerent can claim sovereign right against the
  other. A civil war is never publicly proclaimed,
  it just evolves.
• The proclamation of blockade is itself official
  and conclusive evidence to the Court that a state
  of war existed which demanded and authorized a
  recourse to such a measure, under the
  circumstances peculiar to the case.
• Therefore we are of the opinion that the
  President had a right, jure belli, to institute a
  blockade of ports in possession of the States in
  rebellion, which neutrals are bound to regard.
• Though a bare majority, the decision expanded the
  power of the president to act in military
  conflicts without congressional approval. It also
  made clear that war could exist without a formal
  declaration.

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Southern Strategy

• Fight a defensive War.
• This strategy is often used by the side that is
  overmatched, and is often successful.
• Heavy price for victory though.

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Northern Advantages

• Large Population.
• Industrialized.
• Stronger economy/more varied econ.
• More resources.
• Agriculture suited for human consumption.

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Southern Advantages

• More motivated.
• Defensive Strategy
• Military Leadership
• Military Tradition
• Horsemanship
• Robert E Lee

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Battle of Bull Run (1st)

• Southern Victory
• Ruined the hope for a short war.
• No one thought the South would win any battles.

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Battle of Antietam

• Battle was a draw.
• First time the North did not lose.
• Stopped the Confederate invasion of the North.
• Encouraged Lincoln to free the slaves.
• North could not find a good leader.

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Union Army Lacks Leadership

• McDowell
• McClellan
• Burnside
• Hooker
• Meade
• Grant

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Joseph Hooker

• Commander of the Army of the Potomac
• Lost the Battle of Chancellorsville and was
  fired. (May 1863)

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Ulysses S Grant

• Won several battles in the Western Theater early
  in the war.
• Became the last commander of the Army of the
  Potomac
• 18th President

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Battle of Gettysburg

• Northern Victory
• Turning Point of the war
• Stop Confederate invasion of the North
• July 1863

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Longstreet and Lee
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Battle of Vicksburg

• Northern Victory
• Gave the Union control of the Mississippi River.
• US Grant becomes nationally famous and will be
  promoted to command of the Army of the Potomac.

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Grant and Sherman
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Shermans March to the Sea

• Northern Victory
• William Tecumseh Sherman commanding
• Total war practice by Sherman
• Broke the will and ability of the South to fight.
• Hard feelings created.

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Ex Parte Milligan (1866)

• Milligan was an attorney living in southern
  Indiana. He was a confederate sympathizer (a
  Copperhead) and made speeches and organized
  against the war. He was arrested by the military,
  found guilty by a military tribunal, and was
  sentenced to be hanged.
• Meanwhile, the war ended but President Andrew
  Johnson sustained the sentence. Milligan filed
  for a writ of habeas corpus in federal court
  claiming that he should not have been tried by
  the military and that the President did not have
  the authority to suspend habeas corpus.

Lambdin P. Milligan
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Justice David Davis Delivered the Opinion of the
Court

• Writing for a unanimous Court, Davis held that
  the writ of habeas corpus had not been suspended
  by Congress and therefore Milligan must be set
  free or tried in a civilian court.
• Davis explained that the law and usages of war
  can never be applied to citizens in states which
  have upheld the authority of the government, and
  where the courts are open and their process
  unobstructed. Indiana was under federal authority
  ad no usage of war could sanction a military
  trial there for any offense whatever of a citizen
  in civil life, in nowise connected with military
  service. He should have been presented to the
  grand jury of the circuit court.
• It is difficult to see how the safety of the
  country required martial law in Indiana. If any
  of her citizens were plotting treason, the power
  of arrest could secure them, until the government
  was prepared for their trial, when the courts
  were open and ready to try them. It was as easy
  to protect witnesses before a civil as a military
  tribunal and as there could be no wish to
  convict, except on sufficient legal evidence,
  surely an ordained and established court was
  better able to judge of this than a military
  tribunal composed of gentlemen not trained to the
  profession of the law.

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Conclusion

• The Civil War brought about the first occasion
  for the Supreme Court to weigh in war powers
  claims.
• Overall, the rulings were mixed. On the one hand
  the Presidents authority was strengthened by The
  Prize Cases (1863). On the other hand the habeas
  cases suggested that the Presidents authority
  had limitsparticularly when U.S. citizens were
  involved.

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Election of 1864

• Took Place only in the North.
• Abraham Lincoln R National Union Party (55
  of the vote)
• George McClellan-D- Supported by the Copperheads.

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Appomattox Court House

• April 9, 1865
• Ulysses Grant and Robert E Lee meet.
• Lee Surrenders his army

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Reconstruction

• Major questions
• Who was in Charge of Reconstruction?
• Had the Southern State really left the Union?
• What was to be done with the newly freed 4
  million slaves?

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Lincolns Plan

• High ranking officials would not be pardoned.
• All other CSA supporters would be pardoned.
• An end to slavery accepted.
• 10 of pre war voters must take oath of loyalty.

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Radical Republican Plan

• Insisted on Black Suffrage.
• New state govt. set up with non-CSA supporters.

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Wade-Davis Bill

• Majority of White males must take oath of
  loyalty.
• Blacks to receive Equality before the law.
• Passed by congress.
• Killed via pocket veto.

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Lincoln shot while at a play

• John Wilkes Booth
• An actor
• Shot Lincoln and then leaped from the box to the
  stage.

• Lincoln shot in Fords theater.
• Carried across the street where he died.
• Andrew Johnson VP

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Andrew Johnson

• Democrat
• Tennessee
• Radical republicans hate him.
• Continues with Lincolns Plan for Reconstruction.

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Impeachment

• Radical republicans passed the Tenure Office Act
  to limit Andrew Johnsons ability to interfere
  with their reconstruction efforts.
• President had to have senate approval to remove
  cabinet members.

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Impeachment

• Johnson believe the law unconstitutional so he
  fired Edwin Stanton Sec. Of War.
• House of Reps. Voted to impeach.
• First President to be impeached.

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Reconstruction Amendments

• 13th 1865
• Abolished Slavery
• Why was this amendment necessary?

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• 14th 1868
• All native born persons are citizens.
• Equal protection under the law.
• Former CSA officers cannot hold state or national
  office.

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Incorporation

• Applying the Bill of Rights to the States

Bill of Rights Institute Prairie State
College---Matteson Area Center Matteson,
IL March 19, 2009 Artemus Ward Department of
Political Science Northern Illinois
University http//polisci.niu.edu/polisci/faculty/
ward
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What is the Bill of Rights?

• The first 10 Amendments to the U.S. Constitution.
• Passed by the first Congress in 1791.
• The Bill of Rights was added to the Constitution
  because of the fear that the federal government
  might become too powerful and encroach on
  individual rights.

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What is Incorporation?

• Consider the 1st Amendment "Congress shall make
  no law . . . abridging the freedom of speech.
  What does this mean?
• Can state legislatures pass laws curtailing their
  citizens' free speech?
• Incorporation The process by which certain
  provisions of the Bill of Rights have been made
  applicable to the states.
• Selective Incorporation As America entered the
  20th century, the Supreme Court slowly began to
  inform state governments that they too must abide
  by most guarantees contained in the first 8
  amendments to the federal Constitution.

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Constitutional Convention

• Before the Framers adjourned the convention, "It
  was moved and seconded to appoint a Committee to
  prepare a Bill of Rights." The motion, however,
  was defeated.

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The 14th Amendment (1868)

• No state shall
• make or enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States
• nor shall any state deprive any person of life,
  liberty, or property, without due process of law
• nor deny to any person within its jurisdiction
  the equal protection of the laws.

Privileges or Immunities Clause ? Due
Process Clause ? Equal Protection Clause ?
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The Slaughterhouse Cases (1873)

• Does the Privileges or Immunities Clause of the
  14th Amendment incorporate or make applicable
  the Bill of Rights to the states?
• We are convinced that no such results were
  intended by the Congress which proposed these
  amendments, nor by the legislatures of the States
  which ratified them.
• Millers opinion had the effect rendering the
  Privileges or Immunities Clause virtually
  useless, a condition that has changed little
  since then. Today, the Clause remains a virtual
  non-starter in the law.

Justice Samuel Freeman Miller
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Palko v. Connecticut (1937)

• The Due Process Clause of the 14th Amendment
  incorporates those rights which are implicit in
  the concept of ordered liberty and which
  constitute the very essence of a scheme or
  ordered liberty.
• If the Fourteenth Amendment has absorbed them,
  the process of absorption has had its source in
  the belief that neither liberty nor justice would
  exist if they were sacrificed.

Justice Benjamin Cardozo
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Today . . .

• Today, essentially all of the important
  provisions of the Bill of Rights have been
  incorporated.
• 1st Amendment Fully incorporated.
• 2nd Amendment Supreme Court rejected
  incorporation in 1876 and avoided the issue in
  D.C. v. Heller (2008). Fully incorporated in
  MacDonald v. Chicago 2010.
• 3rd Amendment No Supreme Court decision 2nd
  Circuit found to be incorporated.
• 4th Amendment Fully incorporated.
• 5th Amendment Incorporated except for clause
  guaranteeing criminal prosecution only on a grand
  jury indictment.
• 6th Amendment Fully incorporated.
• 7th Amendment Not incorporated.
• 8th Amendment Incorporated with respect to the
  protection against "cruel and unusual
  punishments," but no specific Supreme Court
  ruling on the incorporation of the "excessive
  fines" and "excessive bail" protections.

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Reconstruction Amendments

• 15th 1870
• Prohibits the limiting of voting rights because
  of race.

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Ku Klux Klan Formed

• The KKK was formed with the main goal of keeping
  blacks from voting.
• Terrorism and intimidation were the means to this
  end.
• Lynchings