This course, and my what ground we have covered thus far. We have more to cover because we are coming up to the 1850s now. We are talking about the crises of the 1850s that really begin with the compromise of 1850 that moved into the kansasnebraska act of 1854, and we are going to see still more earthquakes occurring. But as we do this, we have a character that we have to meet who is going to play a central role in this entire course, and that is Abraham Lincoln. We touched very briefly in our last session by way of introduction of lincoln, and just to go through some of the details once again, Abraham Lincoln is born in 1809, born the 12th of february. His parents are thomas and nancy hanks lincoln, and lincoln himself is born in hodginville, kentucky in a log cabin quite literally. In 1818, his parents uproot from kentucky and move northwards across the ohio river into southern indiana. That is where lincoln grows up. Alas, that is also where lincolns mother dies. Lincolns father goes back to kentucky, remarries, and lincoln now has a stepmother, Sarah Bush Johnston. And what is almost an inversion of the old hansel and gretel story of the wicked stepmother, is actually something of the reverse for Abraham Lincoln, because Sarah Bush Johnston really becomes his mother fully as much as a mother could be. She and her stepson abraham, they were copacetic, something that cannot be said about lincolns relationship with his father, thomas. Where the relationship being a good deal more tense. Lincoln would once described his father his as the man who could bunglingly sign his own name. That is not a compliment. They are two different qualities. So different that when Thomas Lincoln once again picks up the family and moves westward across the wabash river to illinois, at that point young abraham, having turned 21, decides he is going to strike out on his own. And the moment he strikes out the home that he strikes out upon has very little in common with Thomas Lincoln. He was content being a farmer, a jacksonian if there ever was. The young Abraham Lincoln has other dreams. He has no use whatsoever for the agrarian life. He goes into some shortlived business in new salem, not that it succeeds, not that it prospers, but he keeps trying out until finally he gets himself elected to the Illinois State legislature in 1834, and he will serve four terms in the legislature. He is a whig, and one almost wants to say that he is a whigs whig, because his entire attitude, in contrast with his father, with andrew jackson, what Abraham Lincoln embraces is the entire whig ethos of self transformation. Henry clay will be for lincoln what lincoln called his beauideal of a statesman, and he is much more suspicious in what he has to say about andrew jackson. It is not entirely a matter of applause. So the words we looked at last time where lincoln is talking about how the panelisty in the world labors for a while, saves a surplus with which to buy tools or land for himself, then labors and then at length hires a new beginner to help him, this is his free labor. That is it. That is the whiggish system of self transformation, selfimprovement, free labor. The just and generous system that opens the way to all, gives hope to all and improvement of condition to all. If one continued in condition of higher labor, not a fault of the system, but because of a dependent nature which prefers it or in providence folly or similar misfortune, there is and this is lincoln affirming not only principles of free labor and whiggish self transformation, but this is also the way lincoln draws his contrast with slavery. There is no permanent class of hired laborers amongst us, or at least there is not in illinois. Remember James Henry Hammond defending slavery on the grounds that every society requires a mud sill class to perform all of the mud sill duties, and washington said hammond was a genius of the south that it had a specific group of people that would perform the mud sill duties and nothing but for the entirety of their lives, which were black slaves. By contrast, lincoln says there is no permanent class of hired laborers amongst us. There is no mud sill class. 25 years ago, i was a hired laborer. I was one of those mud sill, but the hired labor of yesterday you labors on his own account and will hire for labor tomorrow. Advancement, improvement in condition is the order of things in a society of equals. Of course improvement and advancement in condition are exactly the things that slaves could not aspire to and which James Henry Hammond would be very disturbed to find a mud sill class aspiring to. People are surprised when they see this image. This is the first photograph of Abraham Lincoln. It does not quite look like the guy we meet on the five dollar bill. It is a gregariotype taken in 1846, and lincoln does not look like somebody fresh off his fathers farm. By 1846, he wasnt. He goes off to the legislature in 1834. He also carries within the desire for advancement and the way to advancement for lincoln is to study law. And so he becomes a lawyer, a printing sing himself more or less as a junior partner to a prominent kentucky lawyer in spring floral, illinois named John Todd Stewart who he had met during the militia. Service he rendered that was where stewart and lincoln met in 1832. Lincoln marks was a junior partner for John Todd Stewart. But eventually, what he wants to do its to be on his own. And he achieves that in 1844, taking along with him as a junior partner to a prominent kentucky lawyer in springfield, illinois named john taught stewart who he had met during Demolition Services rendered during the black hawk war of 1832. And he achieves that in 1844, taking along with him as a junior partner of his own William Henry Harrison Herndon who will over the years to come become something of the boswell to lincolns johnson. Lincoln spends a great deal of his professional time in the lawyer, practicing on the eighth judicial circuit, which is mostly central illinois. At its apex, it is 14 counties in central illinois, including the capital springfield where lincoln lives. His law practice is overwhelmingly civil law. Only about 5 of lincolns cases over the years touched on criminal matters. He is mostly a civil lawyer. Practicing civil law. He does will and estates, he does trust that trespass and assumption, and he does collections. In fact, he does a lot of collections. Abraham lincoln was a repo man. But in fact, his caseload is really not the caseload of a specialist. He is providing Legal Services for all colors, so it is a very broadly base practice and it is one that keeps him very busy. In his busiest year, 1853, lincoln has over 300 cases for which he is responsible. That is a lot. He is not only a civil lawyer, he is a trial lawyer. He is not one of these lawyers who sits in an office and reads papers in the unbox and out box. He is a trial lawyer. He specialized in working in front of juries, convincing juries, and on the old eight judicial circuit, that was a challenge and for two reasons. In those days, juries had a whole lot more in the way of discretion for how long was decided. Then they do for instance today. Today, judges, legislatures, statutes, lay out pretty much with the law is and juries simply measure with the particular case measures up to. That in lincolns days, juries had a lot of discretions about bucking directions given by judges, interpreting statutes are playing statutes. So that was a challenge for lincoln and appearing before these juries. He not only had to make a case that he also had to make a theory behind the case for the benefit in the jury he was talking to. The other thing about these trees is, these are not carefully selected, carefully screen juries. And these county courthouse is through central illinois, a jury could, as often as not, be selected from wherever the spectators were standing in the back of the courtroom. That meant that lincoln had to learn how to communicate at the clearest and most basic level. And he had to do it swiftly, convincingly, or he would soon be out of business. But, on the other hand, daunting and that might be, as a trial or, this is extremely good training for someone who will later on, politically speaking, have to be someone who specializes in convincing people of big arguments. A lot of what makes lincoln such a great speaker, such a great writer, with such a tremendous capacity to convince people, very logical, a lot of that grows out of his experience as a trial lawyer on the eighth judicial circuit. And by all measurements, he is successful as a trial lawyer. He enjoys the work of a trial lawyer, and he benefits from it quite readily, so that by the 18 fifties, he has accumulated a fairly healthy nest egg. He has a house of his own and springfield, illinois. He is sometimes taking in fees as high as 5000 dollars for a particular case, and in those days, 5000 dollars is a lot of money. A middle class income, in the 18 fifties, would be perhaps, walt witman estimated, 1000 dollars or more a year. Lincoln can fall in 5004 one case. So lincoln is doing very well as a lawyer. He is also doing well, not just economically, but he is doing well socially. In 1842, he marries mary todd. If you notice, John Todd Stewart and Mary Todd Lincoln yes, they are related. They are cousins. That is how mary todd comes to springs field, coming home from her lexington kentucky, visiting springfield. That is where she meets lincoln. Now, it has to be said in all candor, that meeting lincoln was not always the easiest thing to do, because all right, lets be frank, the man is homely. He is, i am sorry. It really is true. Homely enough with the big ears, the big nose, the high hello cheekbones, and although the collar and the tie his neck reminded you have a giraffe. He was six feet for, most of the height in his inches. He would be the same dimension as any of. Us but standing up, watching him standup was like watching a jackknife unfold. He was awkward, and he spoke with a peculiar accent, very high pitched 20, border state kind of accident. And he really did not sound elegant. Elegant, however was a word he probably leaves most about mary todd. Most of her todd relatives did not understand what it was she saw in lincoln. They tried to talk her out of it actually. But she did see some things in lincoln that others did not. And so they were married in 1842. This is a big social step up for Abraham Lincoln, because by marrying mary todd, he has effectively married into the first families of the illinois whigs party. He has moved up dramatically in economic terms and in social terms, but it does not mean that he is always the happiest and most content of people. On the contrary, there is a streak of melancholy, of depression in lincoln, that he called the high pole. Which could sometimes just cover him in gloom. To meet lincoln is to meet a complex and complicated person. Kelly and. inaudible no, because in truth, her father was wealthier than he was. Her father was a very prominent merchant in kentucky. They are actually much more well off than lincoln. Lincoln, of course is coming up, but again, people would wonder, what does she see in this man lincoln . Not enough of it to be a really compelling argument. It is not a gold digger argument. She sees qualities in him that others at first dont. Most of the time, when people met lincoln, what they thought they were meeting as one illinois acquaintance described it, when you met lincoln for the first time, it was like meeting a rough, intelligent farmer. And that, of course, could easily make you underestimate him. He made jokes about his own looks. And why shouldnt he . If he didnt, someone else would so he would beat them to the punch. A photographer once said to lincoln, as photographers will, just look natural. Lincolns reply was, that is what im trying to avoid. On another occasion he told a joke about a man riding through the forest on the path and coming from the other direction on the path, a woman on a horse who stops and stares at him, it is a very root thing to do. He says madame, when you staring out . She says, oh, you are about the ugliest man i have ever met. To which he says, i cannot help that. But she replies, will you could stay home. Now, he made jokes about his own looks, which also intended to induce people to think that here was a simple man. But one of his legal associates, leonard sweat, he was the most perceptive comment ever made about. Lincoln sweat said that anyone who ever took lincoln for a simple minded man which soon wake up with this back in a ditch. He used peoples underestimation of him to his own advantage. But even success, economically and socially is not the most important thing for lincoln. What he wants is success politically. Political success is going to meet election to congress. And that is wet in 1846, he sets out to do, to get himself elected to congress from the seventh Congressional District in mid state illinois. And he is duly elected. He is not at this moment, what you would think of as being an apostle of opposition to slavery. Years later, he would say, i am naturally anti slavery. If slavery is not wrong, nothing is wrong. I cannot remember when i did not so think and feel. And yet simply being opposed to slavery did not turn him into an abolitionist. It did not turn him into a William Lloyd garrison. In 1837 while he was still sitting in the state legislator, he joins with another week representative to offer resolution, putting down slavery as bad practice, that policy, and justice. But he does not do more than that. When he goes to washington as a member of congress, he backs a bill to abolish the slave trade and the district of columbia, which is before the compromise of 1850. But the bill goes nowhere and lincoln does not press on it. So he is opposed to slavery. He is anti slavery, but he is just not what you might call an activist on the subject. That is until 1854. The reason he is not an activist on the subject is because before 1854, he is convinced that slavery is a dying system which is on its way out. Lincoln believes, first of all, that the founders constructed the United States constitution to be an anti slavery document. Not that the constitution abolished slavery but that the constitution created a system and represented it intentions of founders who believed they had put slavery on the road to extinction. It would happen gradually, painlessly, but it would happen. It would be inevitable. The second thing is that lincoln believes that by confining slavery to the southern states, slavery will turn out to be a system which uses up its own oxygen. That that kind of agriculture that slavery represents like tobacco did in the 18th century, where out the soil and economy and become an economical at the moment that happens then slavery will come to an event. But it will do it on its own. No one needs to behave like harrison abolitionist. Nobody needs to push hard on the slave states and alienate and anger them. Its simply a process, we are just going to let this process unfold. So he is anti slavery, but he doesnt feel any need to take active measures. Because he believes, it is inevitable, it is going to die out on its own. It is a system doomed by its own logic. Via its going to fade away. That is no longer a tenable notion after the kansas nebraska act. The act, by opening up the vast stretches or of the Louisiana Purchase the possibility of legalized slavery, suddenly that was like a blinding flash of light. Suddenly slavery was no longer confined to the southern states, no longer going to fix the aid on its own. To the contrary its going to open up the possibility that it was going to spread and mutate like an irresistible virus. That it was going to swallow up the whole of the american west, both the Louisiana Purchase and the mexican session and once it had finished swallowing that up its going to turn its attention back to the free states of the north and legally slavery there. That was why the kansas nebraska act with such a shock. That is why we get so many chase and the appeal of the independent democrats, that is why we get Charles Sumner and the crime against kansas. We get bleeding kansas. Lincoln testifies to this. The nebraska bill astounded us. We were thunderstruck and stunned, we reeled and fell into utter confusion. But we rose. Each fighting, grasping whatever he could at his first reach, a pitchfork, a chopping acts, a butchers cleaver. Not literally. But rhetoricaly and politically yes. Just as the Anthony Burns rendition had put a mess into the position of saying one night we went to bed old, compromised twigs and woke up stark raving mad abolitionists, the nebraska bill had something of the same effect on link going. Suddenly he wakes up. Slavery is not going away on it. Zone it is not going to go peacefully. To the contrary, it is going to turn and stronger the rest of us. That means we have to do something about it. And we have to do something about slavery and it is this which transforms lincoln. Into the public opponent and critic of slavery and slavery extension. He goes public for the first time in october 1854, in a lengthy speech that he gives an puree illinois. Which in some respects it is the greatest speech ever gaves. There are other speeches of lincolns which are more eloquent, the gettysburg address of course, but in terms of offering a comprehensive view of the most important questions of the day, nothing, nothing meets the puree speech. On october 16th 1854, in it lincoln addresses a fundamental political issue which is the repeal of the missouri compromise. Which is another way of saying that kansas the brass kayaked, because they did in fact repeal the missouri compromise. A repeal of the missouri compromise is wrong and its direct effect is letting slavery into kansas and nebraska. But the problem here is more. It is not just a technicality saw the kansas nebraska bill allowing slavery to be legalized of people want it in the western territories. After all, Stephen Douglas rationale for attaching the popular sovereignty doctrine to the organization of kansas and nebraska really went Something Like this, look, if we argue about slavery here in washington d. C. Its going to paralyze congress, paralyze executive and the judiciary. The federal government has got business to do, it doesnt have to be sitting around all day arguing about slavery. Get slavery out of the territories and let the people there decide for themselves. If they want to have slavery, all right fine. And they dont want to have slavery, that is fine also. But the goal is to get the question out of washington. Let the people out there satellite. With douglas is saying is that he does not care. He doesnt care whether slavery gets legalized or not. So long as it is not having a bad effect on the country as a whole. So long as it is not paralyzing the country politically and economically. He is indifferent. It is not a matter to Stephen Douglas, or the advocates, whether slavery is right or wrong. It is just annoying. So get it to a place where it is not going to be annoying, at least to the rest of the country. But it is exactly this that Lincoln Homes in on. He is not content merely to criticize kansas nebraska, there is something much more wrong with a kansas nebraska bill and the logic of popular sovereignty. And the thing that is wrong is this business of indifference about slavery. That is the real root of the trouble, the only real reason people are going to buy into kansas nebraska, the only reason theyre going to buy the repeal of the missouri compromise, the only reason theyre going to by legalizing slavery in the territories is because theyve been persuaded to be indifferent. It is this declared indifference that is the real problem. That is what leads people to embrace the missouri compromise. This declared indifference. But it is the covert real seal for the spread of slavery. Oh yes, douglas will tell you, i am just putting the question out there to the voters. Lincoln says, yeah right. This declared indifference or covert real zeal for the spread of slavery, i cannot hate it. I hate it because of the monstrous injustice of slavery itself. Right away the thing that lincoln is critiquing, the very problem with a kansas nebraska bill is it not simply that it reveals the missouri compromise, it is that attitude of indifference to something that is a monstrous injustice. I hate it because of the monstrous injustice of slavery itself. And i hate it because it deprives our republican example of its just influence. What is the United States . It is a republic. A republic. An island of republican practice in a sea of monarchies and dictatorships. What kind of example do we think were setting as a republic . If we tolerate slavery, in fact if we encourage its growth, what are we saying about the very idea that is most precious to all of us . The idea that republican government which all men are created equal and people are sovereign. Doesnt that suggest that republicanism is a fraud . How can you talk about the sovereignty of the people and then take a big chunk of the people say they can never participate in this . How can you do that . Doesnt that make republicanism laughable . At least the monarchs are consistent. Give them credit. The king says, i am the king, you do as i say. You job when i say and ask how high on the way up. There is no attempt biking to put a sugar coating around monarchy. But here we are as republic, we are supposed to be enunciating the Sunlight Movement of principles. Of the sovereignty of the people. And what are we doing . Contradicting it completely. Maybe we should just go back to being monarchs and have a king. That would be more consistent. It deprives our republican example of its just influence in the world, and enables enemies of free institutions with plausibility to taunt isis hypocrites. Causes the real friends of freedom to doubt our sincerity, especially because it forces so many really good men into an open war into fundamental principles of civil liberty. Lincoln is not trying to deepening southerners. Southern slave holders, some are very good man, he knows them. He was born in kentucky, his wife was from kentucky, the todd family owned slaves. His poll ideal of a statesman on slaves. He is not saying that the problem here is some type of demonic possession of southerners. The southerners are americans like ourselves, they profess republican principles. They are really good man. The problem is in defending slavery it turns them inside out. It puts them into open war with the very fundamental principles of civil liberty. Criticizing the declaration of independence. And insisting there is no right principle of action but self interest. Remember James Henry Hammond. The doctrine, lincoln says, the doctoring of Self Government is right, absolutely and internally right and that was part of the strategy of stephen a douglas. Because when he comes to and says what is the proper sovereignty . Solve the question of slavery in the territories. What does that sound like accept, Self Government. That is democracy. Lets let the people on the ground make the choices. That is Self Government. All right yes, lincoln says, it is absolutely it internally right. But it has no just application. That or perhaps i should rather say, that whether it has such application should be whether or not or an African American is not or is a man. If they is a man isnt a total destruction of government . To say he two should not govern himself . You talk about popular sovereigntys and Self Government. And then you take a whole category of people and exclude them from governing themselves. That is not Self Government. That is fraud, at that imitation of Self Government. You know what the problem is, lincoln says . It is not just that stephen a douglas is that clever politician, its not that the kansas a brusque a appeals to self interest, the problem is our republican soil our republican road was soiled. We all our hands in it. All republican road is soiled. We have allowed it to become soiled and trailed in the dust. The fundamental thing that we have to do here, is to turn and rip repurify turn and wash it white in the spirit, let us turn slavery from its claim of moral right. People who said that slavery was good for the slaves. That upon its existing legal rights and its arguments of necessity, which is to say, the only reason we tolerate slavery is the same reason we tolerate with the founders did. Because it was there and it had certain legal guarantees. Let us return to the positions our father gave it. There, let it rest in peace. Our ip. Let us readopt the declaration of independence. Let all levers of liberty join in the great and good work if you do this we shall not only have say the union but we have saved it as to keep it forever worthy of the saving. Free free happy people and the whole world over shall rise up and call us blessed. This is our task. Our task is not just about the missouri compromise, kansas, nebraska. It is not just about popular sovereignty, it is about the whole american project. That is what is at stake here. What is at stake here is not whether ian james or kenneth mclachlin can take their slaves with them into kansas. Because even kenneth might be nice people. What is at stake here is the entire project yuck of Self Government, of sovereignty of the people. Even and kenneth might be nice guys, but whether they realize it or not, they have called into question the fundamental principles of american government. Less readopt them. Let us start there. If we start there, then we will work our way back and Everything Else will sort out and we will be rid of slavery. But we have to start there. At that fundamental level. That was what lincoln wanted to do. The question whether was whether he was going to get a chance to do it. A lot of the question about that chance was bound up with this individual here. A slave from missouri, born in 1795, named dred scott. Dred scott was a sleeve owned by dr. John emerson. Emerson was a contract surgeon for the United States army and his part of his service in the United States army as a contract civilian, he, like everyone else in the army, at all times in the history of the u. S. Army, constantly has to uproot and move and go to various places. I cant testify to that as an army brat. You knew that you are really going to be about six to eight months in any one location before you were going to have to move on. Emerson has to move on as well. So, he is stationed first at fort armstrong in illinois. Then he is moved to fort snuggling, in minnesota, while minnesota at that point was still a territory. Doctor emerson marries a sanford in 1838. Alas, however, he dies in 1843. And dred scott after the death of dr. Amazon, dred scott seuss for his freedom in the year of 1846. Eliza stanford transfers ownership of dred scott to her brother, john sanford in 1850. That is just a detail. So dred scott seuss for his freedom. He sues in the states courts of missouri. Why . Why do you think he would do that . Quinn . There was no slavery. Look at fort armstrong. It is illinois. What is illinois . Illinois is a free state. Mind you, there are what we call transit laws. Transit laws permitted slave holders, if they had to journey or live for a short period of time in illinois, to do so without jeopardizing title to their slaves. But emerson was doing more then a quick pass through illinois. While stationed at fort armstrong. Even more so, fort smelling is in the minnesota territory. What is the minnesota territory what is the statute . The northwest ordinance of 1787. Which mandated of course that slavery could not exist. In those territories. Dred scotts logic is, i was taken into a free state and lived their, not under temporary transit, but i lived in a semi permanent condition. And what is more, i was then moved to fort smelling in minnesota in a territory where slavery is illegal impossibility. If slavery is a legal impossibility, then he cannot continue to be a slave while in missouri, right . That is the basis of his plea. You go to the missouri courts and seuss for his freedom. If scott had entered this suit ten or 15 years before, he would probably have been freed by the missouri courts. It was a good solid plea. It had been recognized by the missouri courts in years before. But this was not years before. This was 1846, and a lot had changed. When scott appeals to the Missouri Supreme Court in the year of 1852, the Missouri Supreme Court strikes down his appeal on these grounds. Times are not now as they were when the former decisions on the subject were made. Since then, not only individuals, but states have been possess with a dark and failed spirits in relation to slavery. This gratification it was inevitable consequences must be the overthrow and destruction of our government. Under such circumstances, in other words, that was then, this is now. Under such circumstances, it does not behoove the state of missouri to show the least countenance to any measure which might ratify the spirit. She is willing to assume her full responsibility for the existence of slavery within the limits, nor did she seek to share or divided with others. So the answer to dred scott from the Missouri Supreme Court is, nope, to that. You stay a slave. But there is a complication hair. Because, after all, in moving to illinois and minnesota, scott has crossed state boundaries. This becomes more than just a state affair. This now moves into federal jurisdiction and scott will appeal in 1854, to the federal courts. And of course the ultimate court of appeal in the federal system is the United States Supreme Court. And his freedom suit comes to the United States Supreme Court by dred scott versus sanford. Nina spelled it any official dock hitting of the case. So, sanford. John sanford acquires de that he did not really had in his name. Never mind. Dred scott versus stanford. What is the Supreme Court going to do with this . You have to think. What body, what governmental body past the northwest ordinance . Ian . Was it the british . No. The confederation . The confederation congress. Right . So the assumption is that congress has the authority to make rules for the northwest territories. Fast forward to the kansas nebraska act. The kansas nebraska act lays down rules governing slavery, or the possibility of slavery in kansas and nebraska. Congress does that. Congress adopts the kansas nebraska act. So the assumption from the northwest ordinance all the way up to the kansas nebraska act is that the United States congress is vested with the authority to make determinations about the status of slavery in the territories. No matter what decision it makes, the northwest ordinance was, no slavery. Kansas nebraska well, slavery, if you can get a popular majority. But it is congress that is passing the legislation. It is congress that has the authority to oversee. That is about to change. Boy, is that about to change. It changes because of this gentleman here. The chief justice of the United States Supreme Court, roger brook tierney. He is appointed to the Supreme Court by andrew jackson. Taney had been a faithful jack sony and serve and. When jackson made his war upon the bank of the United States, the hatchet man, so to speak, was roger brooke taney. Jackson appoints taney to secede the famous john marshall. For more than 20 years, taney had been chief justice of the United States Supreme Court. It is to taneys court that the dred scott case comes. It is argued and heard. And on march thinks of 1857, a decision is handed down. It is a clear cut majority decision, seven to two, and the opinion in this case is written by taney himself. What does he say . He says, basically, two things. Dred scott must stay a slave, because he has no standing to sue a federal court. It is a question of jurisdiction. This is a technicality. But it is an important technicality. Taney rights, the question before us is whether the class of persons described as a person of these people. And our constituent members of the sovereignty. We think they are not. And that they are not included and were not intended to be included under the word citizens in the constitution. It can therefore acclaim none of the rights and privileges which provides for the citizens of the United States. So taneys first answer in the dred scott case is a no to dred scott. On the basis that dred scott is, first of all a sleeve, and secondly, black. The founders, argues tony, the founders wrote this country. Wrote to the constitution for this country for white people who are free. White people who are free are the only ones who could be citizens. Air go, scott is not a citizen. Air go again, scott does not have standing to sue in federal court. To sue in federal court you have to be a citizen. But since dred scott cannot be a citizen tony might have stopped right there. And simply made this a question of jurisdiction. A way of saying, ive just found a reasoning, whereby i will not have to put my hand further into this mess. This is an example of acp. Remember those three great initials . Somebody elses problem. This is what tony says. Black people are somebody else this problem. In this case, the states. Do not bother the federal courts for that. But tony was not content to stop there. Oh no. He has to also provide an opinion based upon popular sovereignty and due process. Notice when he makes at the very end of the first quote. He makes a comment that black slaves could not be included under the word citizen and can therefore claim none of the rights and privileges which the u. S. Provides for the citizens of the United States. Look at the words rights