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Causes of the Civil War: "Bleeding Kansas" and the Dred Scott Decision


© Michael J. Swogger

Immediately following the passage of the Kansas-Nebraska Act, a wave of settlers began pouring into the territory. They first came from Missouri, then from the mid-western states such as Indiana and Illinois. Some were sent by the group known as the New England Emigrant Aid Company. These people were seen by the South as an abolitionist movement in the west. From the early stages of settlement, Free Soilers and pro-slavery settlers clashed over lands, towns, water, etc., and there was little law and order. Although a provisional governor was assigned to the territory by President Pierce, not much was done to curb to violence between the two sides.

Late in 1854, Kansas held an election for a delegate to be assigned to Washington. Over 1,700 armed Missourians (known as Border Ruffians) crossed the border and voted for a pro-slavery delegate. A little later, when the time came to elect a territorial legislature, over 5,000 Missourians crossed to sway votes toward the pro-slavery side. Pro-slavery votes outweighed those of Free Soilers 5,247-791. As it turned out, 4,968 of the pro-slavery votes were illegal. Though fraudulent, President Pierce did nothing, and the elections stood.

To counter, Free Soilers organized their own government (which happened to represent the majority of settlers). So now there were two separate governments in the territory. But no matter how many governments would reign, violence was becoming a major problem in the area. Most of the hostilities were carried out by Southerners on anti-slavery settlers, with many dying as a result. However, the most famous of incidents occurred when John Brown, with four sons and two others, murdered five pro-slavery settlers along Pottowatomie Creek as retaliation for Southern violence. This incident led to full-scale hostilities in Kansas, and thus the territory was called "Bleeding Kansas."

A significant event that further contributed to the escalation of tension was the Dred Scott case in 1857. Scott was originally a slave to an army surgeon who moved from Missouri to Wisconsin. After his owner's death, he sued the heirs for his freedom, arguing that he now resided in a free state. After losing his case, then winning an appeal, and finally having the appeal overturned by Missouri's Supreme Court, the United States Supreme Court decided to hear the case. After intense court battles, a decision was reached and conveyed on March 6, 1857, by Chief Justice Roger Taney. Scott was deemed a slave, and had no rights according to the Constitution.

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