Events of 1855 and 1856 further exacerbated relations between the sections and strengthened this new party. Kansas, once organized by Congress, became the field of battle between the free and the slave states in a contest in which concern over slavery was mixed with land speculation and office seeking. A virtual civil war broke out, with rival free- and slave-state legislatures both claiming legitimacy (
The following year the Supreme Court of the United States tried to solve the sectional conflicts that had baffled both the Congress and the president. Hearing the case of Dred Scott, a Missouri slave who claimed freedom on the ground that his master had taken him to live in free territory, the majority of the court, headed by Chief Justice Roger B. Taney, found that African Americans were not citizens of the United States and that Scott hence had no right to bring suit before the court. Taney also concluded that the U.S. laws prohibiting slavery in the territory were unconstitutional. Two Northern antislavery judges on the court bitterly attacked Taney’s logic and his conclusions. Acclaimed in the South, the Dred Scott decision was condemned and repudiated throughout the North.
By this point many Americans, North and South, had come to the conclusion that slavery and freedom could not much longer coexist in the United States. For Southerners the answer was withdrawal from a Union that no longer protected their rights and interests; they had talked of it as early as the Nashville Convention of 1850, when the compromise measures were under consideration, and now more and more Southerners favoured secession. For Northerners the remedy was to change the social institutions of the South; few advocated immediate or complete emancipation of the slaves, but many felt that the South’s “peculiar institution” must be contained. In 1858 William H. Seward, the leading Republican of New York, spoke of an “irrepressible conflict” between freedom and slavery; and in Illinois a rising Republican politician, Abraham Lincoln, who unsuccessfully contested Douglas for a seat in the Senate, announced that “this government cannot endure, permanently half
That it was not possible to end the agitation over slavery became further apparent in 1859 when on the night of October 16, John Brown, who had escaped punishment for the Pottawatomie massacre, staged a raid on Harpers Ferry, Virginia (now in West Virginia), designed to free the slaves and, apparently, to help them begin a guerrilla war against the Southern whites. Even though Brown was promptly captured and Virginia slaves gave no heed to his appeals, Southerners feared that this was the beginning of organized Northern efforts to undermine their social system. The fact that Brown was a fanatic and an inept strategist whose actions were considered questionable even by abolitionists did not lessen Northern admiration for him.