1856 was a critical year that would change the course of history for the United States. Tensions between the North and the South had been on the rise for many decades, and the threat of civil collapse was imminent. On March 4th, 1857, James Buchanan was inaugurated as the nation's fifteenth president. At the time, Americans believed that Buchanan was the leader necessary to prevent total civil unrest and the South leaving the Union. However, Buchanan’s actions during the Utah War, Bleeding Kansas, and the Dred Scott decision failed to resolve the crisis. Many historians rate President James Buchanan as one of the worst presidents in history.

Lillian Jiang explains.

President Buchanan (center) and his cabinet.

Historians sometimes refer to the Utah War as “Buchanan’s Blunder”. In simple terms, The Utah War was an unnecessary confrontation between Mormon settlers (the members of the Church Jesus Christ of Latter-day saints in Utah) and the Armed Forces of the United States from 1857 to 1859. Mormons desired their own isolated territory, to practice freedom of religion. But many Americans and President Buchanan viewed Mormonism and the leaders of the LDS Church negatively, specifically because they practiced poligamy. Tensions between Americans and the Mormans had been growing for a long time, and when Buchanan sent an army of 2,500 troops in what he called the “Utah Expedition '', Mormans assumed that they were being persecuted and armed themselves in preparation for war.

Although no direct battles occured, Mormons feared occupation, and murdered 120 migrants at Mountain Meadows (Ellen, 1). The Utah War or the Mormon Rebellion only lasted for a single year, and congress blamed Buchanan for the unnecessary violent conflict.

President Buchanan’s friend, Thomas L. Kane, who corresponded regularly with Brigham Young, intervened, and convinced the present that all Mormons would accept peace if offered, so the president granted amnesty to all Utah residents who would accept federal authority. (Ellen, 1)

Buchanan’s approach to the crisis only left a bitter aftertaste of his administration. (Stampp, 60).

Inauguration

In the year of President Buchanan’s inauguration, the Panic of 1857 swept the nation. The Panic of 1857 was a financial crisis in the United States caused by a sudden downturn in the economy, which was a result of false banking practices and the decline of many important businesses that were central to the economy, including railroad companies. At the beginning of President Buchanan’s inauguration in 1857, the United States had “$1.3 million dollars surplus and a moderate $28.7 million debt.” (Ellen, 1) When the 16th President of the United States, Abraham Lincoln, took the presidency in 1861, the U.S. Treasury recorded a “25.2 million deficit and a 76.4 million debt… The amount of fiscal accumulated in the years was the largest imbalance by a pre-Civil War leader.” (Ellen, 1).

To ease the financial crisis, President Buchanan ordered the withdrawal of all banknotes under twenty dollars and ordered the state banks to follow the federal government’s “Independent Treasury System,” which required that “all federal funds be deposited into treasuries” (History Central, 1)  instead of private banks. Although this did ease the financial crisis, the Utah War had added millions to the army’s budget (Ellen, 1). The financial crisis also had an impact on sectionalism between the North and South. As the South was not affected by the crisis as much as the North because of the prevalence of slavery, Southern states began to believe they had a far superior economy, which divided the Union even further. On this matter and Buchanan’s actions, historian Mark W. Summers said, “the most devastating proof of government abuse of power since the founding of the Republic.” (Ellen, 1)

Bleeding Kansas

One of Buchanan’s most significant missteps was in regards to the way he dealt with Bleeding Kansas, a period of violent warfare between pro and anti-slavery factions in Kansas. The Kansas-Nebraska Act, passed in May of 1854 by President Franklin Pierce, gave residents residing in Kansas Territory the right to choose whether or not to permit slavery because of Popular Sovereignty, which gave rise to violent confrontations over the legality of slavery. On December 8th, 1957, in his first annual address to Congress, President Buchanan promised to resolve the conflict. However, his future decisions would not promote a resolution between factions and instead would escalate tension and violence.

President Buchanan was careless about whether or not Kansas would become a slave state or a free state. Although Buchanan was morally opposed to slavery, he believed that it ultimately protected by the laws of the constitution. He wanted to admit Kansas into the Union as soon as possible in hopes of settling conflicts. In 1857, Buchanan demanded approval of Kansas’s Lecompton Constitution, which protected the rights of slaveholders because he was politically dependent on Southern Democrats. However, Buchanan endorsed Popular Sovereignty, so he held an election in Kansas, on January 4th, 1858, to decide whether the constitution should be rejected or ratified. The constitution was rejected by a vote of “11,300 to 1,788” (Ellen, 1). In the end, Buchanan conflicting stances on slavery did not gain approbation from neither the Northern nor Southern states.    

Buchanan’s unrelenting support for the constitution and his dedication to Popular Sovereignty ultimately had a destructive impact on the Union. The rejection of the constitution angered many Southerners. The Northerners felt betrayed by Buchanan for protecting slave owners after being so vocally anti-slavery. In his inaugural address, he stated:

To their decision, in common with all good citizens, I shall cheerfully submit, whatever this may be, though it has ever been my individual opinion that under the Nebraska-Kansas act the appropriate period will be when the number of actual residents in the Territory shall justify the formation of a constitution with a view to its admission as a State into the Union (Wilder, 117).

He believed that governing the territories with Popular Sovereignty would reunite the opposing factions, but instead, it aggravated them even further.

Poor judgments

Buchanan’s poor judgments continued into the Dred Scott V. Sandford case as well. The Dred Scott case was when a formerly enslaved man, Dred Scott, sued his master for his freedom in 1846. The Northwest Ordinance of 1787 and The Missouri Compromise of 1820 both prohibited slavery in Fort Snelling—what is now present-day Minnesota—therefore, he argued that he had been illegally enslaved in a free territory. (Ellen, 1). After winning his lawsuits in a lower court, the case was handed over to the Supreme Court after eleven years. Despite the long wait, the Supreme Court’s decision did not satisfy the abolitionists. On March 6, 1857, referring to the “Dred and Harriet Scott: A Family's Struggle for Freedom”, the Chief Justice of the Supreme Court, Roger B. Taney decided:

The powers over person and property of which we speak are not only not granted to Congress, but are in express terms denied. . . . And this prohibition is not confined to the States, but the words are general, and extend to the whole territory over which the Constitution gives it power to legislate, including those portions of it remaining under territorial government, as well as that covered by States. They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. (79)

The court determined that African-Americans could not be citizens of the United States and that Congress had no power to prohibit slavery (Swain, 79). Buchanan also concurred with the decision, believing that the Constitution protected slavery. The Republicans quoted Buchanan’s inaugural address to claim that he was aware of the court’s verdict as he had addressed that he would “cheerfully submit” to the decision regarding the Dred Scott case and urged citizens to do the same (Ellen, 1).

This case is one of the most controversial Supreme Court decisions to this date. The result invalidated the Missouri Compromise and further widened the divide between North and South over slavery (Ellen, 1). In his fourth annual address, Buchanan explained that his power was restrained under the Constitution and laws. He stated:

It is beyond the power of any president, no matter what may be his own political proclivities, to restore peace and harmony among the states. Wisely limited and restrained as is his power under our Constitution and laws, he alone can accomplish but little for good or for evil on such a momentous question. (Hirschfield, 70).

His actions or rather, non-actions, towards sectionalism became the rallying point for nations to vote for Abraham Lincoln into office in 1860.

Sectionalism and slavocracy were the most contentious issues at the time. An empowered and decisive leadership was needed to settle the crisis between the North and the South, but Buchanan lacked these qualities as president. His blunders during the Utah War, Panic of 1857, Bleeding Kansas, and the Dred Scott vs. Sandford case only further raised tensions between the factions and left the U.S. in great turmoil. Although Buchanan had good intentions and was trying to prevent the outbreak of an imminent civil war, his administration failed to do so.

What do you think of President Buchanan? Let us know below.

Works Cited

Ellen, Kelly. “Everything Wrong with the Buchanan Administration.” Libertarianism.org, 12 June 2020, www.libertarianism.org/everything-wrong-presidents/everything-wrong-buchanan-administration#_edn15.

Hirschfield, Robert S.. The Power of the Presidency: Concepts and Controversy. United States, Aldine, 1982.

Pray, Bobbie, and Marilyn Irvin Holt. Kansas History, a Journal of the Central Plains: a Ten-Year Cumulative Index. Kansas State Historical Society, 1988.

Stampp, Kenneth M. And the War Came: the North and the Secession Crisis, 1860-1861. Louisiana State University Press, 1970.

Swain, Gwenyth. Dred and Harriet Scott: A Family's Struggle for Freedom. Minnesota Historical Society Press, 2010.

Wilder, Daniel Webster. The Annals of Kansas. United States, G. W. Martin, 1875.

Posted
AuthorGeorge Levrier-Jones

The US Supreme Court becomes a very important political issue whenever a vacancy arises. Here, Jonathan Hennika continues his look at the history of the US Supreme Court (following his article on Marbury v Madison here), and focuses on slavery. He looks at the case of Dred Scott, and the 1850s ruling that said freed slaves were not US citizens.

Dred Scott, circa 1857.

Dred Scott, circa 1857.

In his Congressional testimony refuting the allegations of Dr. Christine Ford, Judge Brett Kavanaugh said in part: “This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.”[i]In 2018 the political reality is the line drawn between the Right (Conservatives/Republicans) and the Left (Liberals/Democrats).  As the final arbiter of all things Constitutional, Supreme Court nominees have and always will be a political firestorm. After his testimony, concerns were raised by the American Bar Association, the American Civil Liberties Union, and other organizations, both political and apolitical, regarding Judge Kavanaugh’s judicial independence. Judicial independence is as strong a myth in the system of American Jurisprudence as an apolitical court. 

In the teaching of American history, there was a euphemism used to discuss slavery: the peculiar institution. The phrase originated in the early 1800s as a “polite” way to discuss the topic of slavery. Southern historians later appropriated the phrase in an attempt to re-brand the image of the New South, i.e., the post-reconstructed South. These historians postulated and taught the paternalistic theory of slavery—that the life of the slave was better because the fatherly master-class took care of the slave’s basic needs. Such phraseology and historical excuses are intellectually dishonest. The question of slavery is one that troubled the founding fathers and the framers of the American Constitution. To see that conflict, one need look at Article 1, Section 2, Clause 3 of the Constitution, which reads: 

“Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.”

 

Known as the “Three Fifths Compromise,” it was a stop-gap measure in determining the number of Representatives in Congress from the Southern States. Throughout the 19thcentury, as the nation grew, the debate raged on as to whether a territory or state admitted to the union were permitted to have slaves. Other measures included the Missouri Compromise of 1820 and the Kansas-Nebraska Act of 1854. As the nation grew and slavery became tied into the economy of the South, Southern politicians railed against Northern interference in the “peculiar institution.” The country balanced on a fulcrum of “free” and “slave” states. Each new admission to the Union tipped the balance one way or another. One of the methods the Southern plantocracy used to their advantage was through political patronage and judicial appointments. Southern politicians, such as John Calhoun, were adroit at imposing the will of the South on the nation.

 

The Question of “Citizenship”

It was not long for the question of slavery to reach the Supreme Court. It did so in the case of Dred Scott v Sanford60 US 393 (1856). As is often the circumstance, the Dred Scott case was two separate cases brought together for Supreme Court review. The slave, Dred Scott, sued under Missouri law and brought a second suit in Federal Court. These are the cases that became the Dred Scott case. The statutes in question were criminal trespass and false imprisonment. The historian Walter Ehrlich wrote extensively on the subject of Dred Scott and discovered heretofore lost court documents of Scott’s state action:

“The origin of any court litigation involves at least two basic issues. The first is grounds—do the law and the facts warrant legal action? The second is motivation—what specific circumstances impel the plaintiff to take his legal action….An investigation of Missouri statutes…reveals quite clearly not only that there were laws which prescribed circumstances under which a slave might become free, but also that ample precedent existed of slaves actually having been freed under those laws…Dred Scott…qualified substantially for his freedom.”[ii]

 

Chief Justice Roger Taney wrote the majority opinionthat held:

“A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a "citizen" within the meaning of the Constitution of the United States. When the Constitution was adopted, they were not regarded in any of the States as members of the community which constituted the State and were not numbered among its "people or citizens." Consequently, the special rights and immunities guarantied to citizens do not apply to them. And not being "citizens" within the meaning of the Constitution, they are not entitled to sue in that character in a court of the United States, and the Circuit Court has not jurisdiction in such a suit…. The only two clauses in the Constitution which point to this race treat them as persons whom it was morally lawfully to deal in as articles of property and to hold as slaves.”[iii]

 

Sectionalism as a Deciding Factor 

In a 7 to 2 vote the Taney Court declared that the rights and privileges of citizenship did not apply to slaves and freed Africans. In the 20thand 21stcentury the Justices’ votes are often broken down via political lines; the left, the right, the middle. In the 19thcentury, sectionalism dominated the discussion. What section of the country did the Justice represent? There were nine members of the Taney Court:

-       Roger Taney (Chief), Maryland: Majority

-       John McLean, Ohio: Dissent

-       James Moore Wayne, Georgia: Majority

-       John Catron, Tennessee: Majority

-       Peter Vivian Daniel, Virginia: Majority

-       Samuel Nelson, New York: Majority

-       Robert Cooper Grier, Pennsylvania: Majority

-       Benjamin Robbins Curtis, Massachusetts: Dissent

-       John Archibald Campbell, Georgia: Majority

 

The Court’s majority hailed from states that left the Union in 1860. Chief Justice Taney was from Maryland, wooed by President Lincoln as a border state, and could have been a member of the Confederacy. Of the two Northerners who voted in the majority, President Buchanan pressured Justice Grier to join the majority to avoid the appearance that the ruling ran along “sectional lines.”[iv]The Executive branch used its friendship to influence the political topic of the day. These men on the Supreme Court may have attempted to “rise above” partisan rhetoric. If you examine them within the context of their times, a question arises: when declaring that Dred Scott and the many other slaves were not protected by the laws of man, were they thinking of their own section’s best interests? 

Dred Scottwas not the last time the Supreme Court had the opportunity to weigh in on the constitutionality of racial subjugation. The next time the Court sat on this question, the entire national dynamic had changed, though the culture remained. 

 

What do you think of the political nature of the US Supreme Court? Let us know below.


[i]“Brett Kavanaugh’s Opening Statement: Full Transcript.” New York Times¸ September 26, 2018. Retrieved October 14, 2018 https://www.nytimes.com/2018/09/26/us/politics/read-brett-kavanaughs-complete-opening-statement.html

[ii]Ehrlich, Walter. “The Origins of the Dred Scott Case,” The Journal of Negro History59 (April 1974):133

[iii]Scott v Sanford,60 US 393 at 393

[iv]John Mack; et al. Out of Many: A History of the American People(Englewood Cliffs, N.J: Prentice Hall, 2005) 388