| Assignment for September 24:
1) review
the Green Case to determine what Maryland Law governed Green's Conviction
and the reasoning behind his conviction. Was he convicted for owning
a copy of Uncle Tom's Cabin? If so, did that mean that anyone
owning a copy could be sent to prison as Green was? (username: aaco
password: aaco#)
2) readings for the debate over the Dred Scott
Case (1857)
a) read and be prepared to comment on Abraham Lincoln's
view as expressed in his senatoral election debate with Stephen Douglas
on June 26, 1857:
And now as to the Dred Scott
decision. That decision declares two propositions—first, that a Negro cannot
sue in the U.S. Courts; and secondly, that Congress cannot prohibit slavery
in the Territories. It was made by a divided court—dividing differently
on the different points. Judge Douglas does not discuss the merits of the
decision; and, in that respect, I shall follow his example, believing I
could no more improve on McLean and Curtis, than he could on Taney.
He denounces all who question
the correctness of that decision, as offering violent resistance to it.
But who resists it? Who has, in spite of the decision, declared Dred Scott
free, and resisted the authority of his master over him?
Judicial decisions have two uses—first,
to absolutely determine the case decided, and secondly, to indicate to
the public how other similar cases will be decided when they arise. For
the latter use, they are called "precedents" and "authorities."
We believe, as much as Judge Douglas,
(perhaps more) in obedience to, and respect for the judicial department
of government. We think its decisions on Constitutional questions, when
fully settled, should control, not only the particular cases decided, but
the general policy of the country, subject to be disturbed only by amendments
of the Constitution as provided in that instrument itself. More than this
would be revolution. But we think the Dred Scott decision is erroneous.
We know the court that made it, has often over-ruled its own decisions,
and we shall do what we can to have it to over-rule this. We offer no resistance
to it. ... (Source: http://www.freemaninstitute.com/lincoln.htm)
b) read and be prepared to comment on Abraham Lincoln's
view of the law as expressed in a speech he gave in 1838
(username: aaco password: aaco#)
c)be prepared to debate the Dred Scott Decision
from your reading in Bogen (read pages 57-102).
Note that at least one
scholar feels that the neglected party in Dred Scott is his wife, Harriet.
Your assignments for the debate are:
Mr. Bell, Ms. Davidson, and Ms. Kerr:
the Taney Opinion, 57-84; Justice Daniels concurring opinion, 85-87
Ms. Lancaster and Ms. Cho: Justice Curtis's
dissent, 88-102; Justice McLean's dissent, 87-88
Mr. Bell should take the voice of Taney in the
debate, arguing from his perspective.
Ms. Davidson should take the voice of Justice
Daniels in the debate, arguing his point of view in the context of
the majority opinions.
Ms. Kerr should take the voice of Taney in the
debate, arguing from his perspective.
Ms. Lancaster should take the voice of Justice
Curtis, arguing from his point of view.
Ms. Cho should take the voice of Justice McLean
arguing from his point of view.
In preparing for your debate, visit and utilize
the following web sites:
http://library.wustl.edu/vlib/dredscott/
http://history.furman.edu/~benson/docs/dsmenu.htm
(what was the public reaction to Dred Scott? See also the reaction in Maryland Newspapers)
and any other site in a google search on "Dred
Scott" that you might find helpful. The full decision and dissents
ares to be found in Lexis and at: http://www.tourolaw.edu/patch/Scott/
In addition to the substance of the arguments in the debate, explore
why it was that the individual justices took the postions they did.
Search for biographical information on your assigned justice with google.com.
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