WI... Dred Scott had had opposite decision?

Regarding the infamous Dred Scott decision by the US Supreme Court (SCOTUS):

Assume that 5 out of 9 justices actually declared all men to be people rather than property (regardless of race), and therefore slavery and its institutions to be null and void, in the 1850's, without having to fight the ACW. For this to work, there would have to be at least two different people on the high bench, but let's assume this to be the case.

By extension, the Missouri Compromise itself would be voided, and the provisions in the Constitution regarding "3/5's of a vote" and "returning slaves to owners " rendered moot.

The south is outraged, and demands action. The compromise result is as follows: Each slave is deemed to owe his/her master an amount equivalent to theur market value at the time of the SCOTUS decision! The federal government agrees to provide cheap loans or grants and buys off the Soutrhern states! The south is not happy over the loss of their 'Peculiar Institution', the north is not happy about going into debt over the 'South's problem', and the people are not happy about the federal-state sales tax imposed to cover the loans, but the whole thing holds together. Some states threaten succession, two even pass bills in their lower houses, but the whole thing blows over when the 'rich southern lobbyists' decide to cut their losses and accept the compensation.

Meanwhile, the former slaves are initially jubilent, and then less so when they realize that slavery gomes in different guises: Many in the south resent the freedom of the 'uppity' former slaves, and flee north. The ones who remain are paid pathetic wages to do the same work as before, etc. In the north, non Africans are displaced in unskilled jobs, and resent their new unemployment. All like the OTL, just 8-10 years sooner.

Where would things go from here? There's been no desperate ACW, no need for Reconstruction, the wealth of the South has not been squandered, the north has not had rapid industrialization due to a bitter war, etc.

Would women's suffrage have flared earlier with these events occuring?

Would the USA's role in the world be dramatically altered? For example, the UK would never have had to develop cotton industries in India and the middle east if the US's supply remained abundent and uninterrupted, etc.
 
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By 1857 this would be ASB.

However I wonder if an earlier decison might have said such a thing. My impression is that in the late 18th century most of the American elite felt that although slavery would continue for a while it was a deep embarassment (hence the word did not appear even in those clauses of the Constitution which relate to it.)

I could imagine the reference to other rights in the later clauses of the Constitution could defensibly have had such a meaning.

My guess is that any such decison after 1830 would have resulted in sessession or would be defied with the approval of the President(unless the President was John Q Adams)
 
tinfoil said:
The south is outraged, and demands action. The compromise result is as follows: Each slave is deemed to owe his/her master an amount equivalent to theur market value at the time of the SCOTUS decision! The federal government agrees to provide cheap loans or grants and buys off the Soutrhern states! The south is not happy over the loss of their 'Peculiar Institution', the north is not happy about going into debt over the 'South's problem', and the people are not happy about the federal-state sales tax imposed to cover the loans, but the whole thing holds together. Some states threaten succession, two even pass bills in their lower houses, but the whole thing blows over when the 'rich southern lobbyists' decide to cut their losses and accept the compensation.

How come this entire paragraph gives the impression that the South was NOT represented in the Federal Government? Southern senators and representatives sit in the US Congress and would be the ones (along with Northern congressmen) that legislate any cheap loans or grants to buy off the slaves.
 
Wendell said:
A much bloodier one...


Well it depends which state(s) leave. Considering we're not talking about Lincoln as President yet, the rebellion maybe smaller. Plus President Buchanan may not opt for the military option until later.
 
Straha said:
Right. More likely that the south leaves since theres no galvanizing lincoln around.
Well, also, more reasonable states could be upset with the court's new self-annointed authority.



Most likely, these issues would be settled short of war...
 

Straha

Banned
DMA said:
Well it depends which state(s) leave. Considering we're not talking about Lincoln as President yet, the rebellion maybe smaller. Plus President Buchanan may not opt for the military option until later.
True but with such a direct challenge to slavery maybe ALL the slave states leave?
 
Straha said:
True but with such a direct challenge to slavery maybe ALL the slave states leave?


Well the decision which got states like Virigina to sucede, from my understanding, wasn't something like a reversal of Dred Scott, nor even the election of Lincoln, but Lincoln's decision to wage war against the rebellious states. And Virigina wasn't the only state who left for that reason.
 

Straha

Banned
Right. Combine the reversal of dred scott with someoen going to war to retake the south... :eek:
 
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