The Dred Scott And The Emancipation Proclamation And Civil War

In March 5,1857, after deliberating for several months, Chief Justice Roger Taney issued the ruling. The Court determined, by a majority of seven to two, that Dred Scott and his family were still slaves. It stated that even if, the Scotts had traveled into free territory, moving back to St.Louis had made them slaves once more. However, The Court decided to go further and addressed other issues regarding slavery and blacks. On citizenship, the Court decided no black could ever be a citizen, in Taney's own words "slaves nor their descendants, whether... free or not, were then acknowledged as part of the people [citizens]"# According to this, Scott was only property , therefore he did not have the right to file suit, and as a result was never free. The Court also decided to rule the

“In 1847, Dred Scott first went to trial to sue for his freedom, (Dred Scott’s fight for freedom).” “While the immediate issue in this case was Dred Scott’s status, the court also had the opportunity to rule on the question of slavery in the territories, (Appleby et all, 446-447).” One of the main issues of this case was that the justices were trying to settle a political problem rather than being completely fair in their decisions. Dred lost the first trial but was granted a second trial. The next year the Missouri Supreme Court decided that the case should be retried, (Dred Scott’s fight for freedom). In 1850, the Circuit Court of St. Louis County

　　　　Slavery was at the root of the case of Dred Scott v. Sandford. Dred Scott sued his master to obtain freedom for himself and his family. His argument was that he had lived in a territory where slavery was illegal; therefore he should be considered a free man. Dred Scott was born a slave in Virginia around 1800. Scott and his family were slaves owned by Peter Blow and his family. He moved to St. Louis with them in 1830 and was sold to John Emerson, a military doctor. They went to Illinois and the Wisconsin territory where the Missouri Compromise of 1820 prohibited slavery. Dred Scott married and had two

Dred Scott (c. 1799 – September 17, 1858) was an enslaved African American man in the United States who unsuccessfully sued for his freedom and that of his wife and their two daughters in the Dred Scott v. Sandford case of 1857, popularly known as the "Dred Scott Decision". Scott claimed that he and his wife should be granted their freedom because they had lived in Illinois and the Wisconsin Territory for four years, where slavery was illegal. The United States Supreme Court decided 7–2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenship rules. Moreover, Scott 's temporary

INTRODUCTION United States Supreme Court case Scott v. Sanford (1857), commonly known as the Dred Scott Case, is probably the most famous case of the nineteenth century (with the exception possibly of Marbury v. Madison). It is one of only four cases in U. S. history that has ever been overturned by a Constitutional amendment (overturned by the 13th and 14th Amendments). It is also, along with Marbury, one of only two cases prior to the Civil War that declared a federal law unconstitutional. This case may have also been one of the most, if not the most, controversial case in American history, due simply to the fact that it dealt an explosive opinion on an issue already prepared to erupt - slavery. Thus, many scholars assert that the

Dred Scott was a man that grew up in the tough times of slavery. Scott was born around the year 1800 and died in 1858. As a young man and all the way up to his death he tried several times to gain freedom for his family and himself through the Missouri court system, but failed. Scott then took his case to a court in Missouri, where he won only to have the final decision revoked by the Supreme Court (“Dred Scott Biography”). The notorious outcome of Dred Scott v. Sandford case embarked the start of the Civil War in the United States against the northern states and the southern states.

In 1854, Scott v. Sanford took place. Scott, a slave to the Emerson family, traveled to Minnesota with John Emerson. While there, his owner died and the court declared him free. However, at the Circuit of Appeals, it was ruled Scott was still property of the Emersons'. This decision stood, which declared that slaves are property. This was one infuriating cause of the Civil War.

To start off, in the 1857 case Dred Scott V Sanford rights were violated. In the case Dred Scott vs Sanford, Dred Scott was a slave that was freed by his master, but then was forced to go back to a slave state. Dred Scott thought he deserved to be free. Dred Scott wanted to sue. He was already freed by his master so he shouldn't have had to go back to slave state. Dred Scott's master guarantee him of his freedom, because of that, when it was taken away Dred Scott didn't agree with that resolution and wanted him and his wife to be free. Due to that, the case was taken to court, the judge found that once Dred Scott was freed he was to remain free. (Dred Scott v. John F.A. Sanford)

Dred Scott was a slave to Peter Blow family who suffered financial constraints then later sold Scott to a surgeon John Emerson. Emerson moved with Scott to Fort Snelling where slavery was not allowed by Missouri Compromise. During his period at Fort Snelling, Scott married Harriet Robinson a slave too with whom they had two children. Emerson and Scott’s family later moved back to St Louis in the year 1940 where they lived. In 1946 Dr. Emerson passed on, and Scott’s family was left behind with Emerson’s widow as their master. After Dr. Emerson demise, Scott sued Emerson’s family arguing that by him having stayed in Fort Snelling, he had attained his freedom while there and he was a free man. In sought of his freedom, the case was presented to State court, but unfortunately, he lost in case. The case was appealed, and in the year 1857, the case was ruled out by Chief Justice Roger Taney. In the ruling, the court ruled out that, Scotts was not allowed to claim any US citizenship as blacks who were salves or free were not allowed to do so. The ruling also claimed that Scotts had never been free as he was a slave and they were considered as personal property (Konig, Finkelman, & Bracey, 2010). The ruling led to consequences and effects in the US that affected the country politically, culturally and legally as outlined in the paper.

Court ruled that Scott was not a citizen and thus had no right to sue. Their Finding was that slaves were

Dred Scott vs. Sanford – Dred Scott, a slave from Missouri, owned by an army surgeon who had taken Scott into Illinois and Wisconsin where slavery was forbidden. Now, the surgeon’s brother was claiming ownership of Scott. The court was extremely divided but eventually declared that Scott didn’t have a case because he wasn’t a legal citizen.

Many times during our class discussions and lectures we tried to examine the stages leading up to the succession and Civil War in America. During the critical time period of the middle 19th century, the Dred Scott v. Sanford decision of the Supreme Court was one of those major treads on the pathway to secession. The man Dred Scott was taken to Missouri with Peter Blow as a slave from Virginia and sold. His new master from Missouri then moved to the free state of Illinois for a while, but later moved back to Missouri. Following his master 's passing, Scott asserted that since he had resided in a free state, he was inevitably a free citizen.

Dred Scott was a slave who sued for his freedom. He said that because he was a slave taken to a free state, even though he was brought back to a slave state, made him free. The court ruled that a free or enslaved African American was not a U.S. citizen and they could not sue in federal court. Also, they ruled that the Missouri Compromise was unconstitutional. Abolitionists were not happy at the court’s decision.

Sanford was another hot political issue. Dred Scott and his wife were taken to a free state by their master, and the ruling on this case stated that Scott was still legally bound to his master and must remain a slave. This decision was based on three main factors. The first factor was that Scott was not a citizen and could not sue in Federal court. The second factor was that it was unconstitutional for Congress to outlaw slavery in a territory. The last factor stated that although Scott and his family were heading in and out of Free states, it did not affect their standing as slaves.

It was the year of 1857 and a robust wind blew through the South as the air was filled with both victory and horrific disappointment. An ordinary man named Dred Scott began his journey for his rights of life, liberty, and the pursuit of happiness. Scott’s struggle for freedom would come to make him one of the most famous plaintiffs in American history and a worldwide symbol for emancipation. Scott happened to be of African descent which was an extremely difficult obstacle to live with in early America. The Dred Scott decision made by the supreme court in March of 1857 negatively impacted the United States by empowering the South, contributing to the secession, and expediting the Civil War.