History 201
Dr. Eugenie Blang
12/10/2013
The Significance of Dred Scott
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,
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The first question was partially addressed by Article IV, Section 2 of the Constitution and by the Fugitive Slave Acts of 1793 and 1850; however the second question had not as yet been addressed. During the 1830s and 1840s a slave by the name of Dred Scott accompanied his master, a surgeon in the U.S. Army, on numerous trips to military posts around the country, including the free states of Illinois and the territory of Wisconsin.
In 1846 Scott sued his master for his freedom, asserting that his sojourns in free jurisdictions made him free. After numerous delays, trials, and retrials, the case reached the Supreme Court in 1856. The court responded with nine separate opinions, and Chief Justice Roger Brook Taney delivered the deciding opinion. The ruling was both complex and controversial: the Missouri Compromise of 1820 was ruled unconstitutional on the grounds that Congress did not have authority to limit the expansion of slavery; slavery was found to be legal in the territories until the citizens voted for or against it; and Africans and their descendants were found to be ineligible for citizenship in the United States as the framers of the Constitution had not viewed Africans as citizens. Since African Americans were not viewed by the court as citizens, they could not file suit. Despite the finality of the court 's
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.
In the Supreme Court case, “The Dred Scott Decision of 1857”, Dred Scott, a Missouri slave, brought to Illinois by his owner, fought for him and his families freedom in the northern states where slavery was forbidden. While in Illinois Scott fought for his independance on the terms that him and his family now resided in a free state which declared him a free man. On March 6,1857, in a 7-2 decision, the Supreme Court denied Scott’s freedom. The Supreme Court stated that any African American was denied the right to have American citizenship. Due to the fact that Scott wasn’t considered an American citizen he did not have the right to sue in federal court. After the case had been finalized many African Americans and abolitionists were enraged
In a Court in St. Louis, Dred Scott and his wife, Harriet, were slaves. They tried to sue to get their freedom on the ground that they lived on. Instead, the ignorance of the Court did not guarantee their freedom because according to the Constitution, they are their master's property. At the same time, the Court also ruled that the Missouri Compromise was unconstitutional. According to the Court's opinion, no slave had the right to be a citizen of the United States and could not expect or have any protection from the Federal Government or any of the courts and the opinion also stated that the Congress does not have any right to ban slavery. It was then considered by the legal scholars to be the worst ever provided by the Supreme Court ever.
Imagine that you were forced to work your life away with no pay and horrible conditions. You have no freedoms and you were considered property . Congratulations you are now slave, and your kids and their kids will be slaves and it goes on for every. That is exactly what Dred Scott did not want to happen to him and his wife and kids. Dred Scott was a slave taken to a free territory and thinking he was freed he sued for his freedom and his wife and kids. This case the Dred Scott Case became a wedge that drove the North and South apart before the civil war showing the different morals and terms of justice between the two. This case was seen as brutal to the Northerners sentencing a emancipated man to slavery and justice to the Southerners being able to keep one of their slaves. This case will eventually along with other spark the civil war and lead to the Civil War that is thought to have originally to keep the union together, but then changed to a battle against slavery.
As the early nineteenth century unfolded hostility to slavery surfaced on the national scene. The United States began to split because of views of the people became concreate causing the bitter disputes between the North and South to be more drastic due to economic issues of slavery and morals. The Constitution contributed in the separation that was occurring. For example the Compromise of 1850, was drafted by Henry Clay in an attempt to gloss over the confrontation between the slave states of the South and the free states of the North regarding the territory with slavery. Another example of a Supreme Court decision that is known as the Dred Scott Decision of 1857 declared that African Americans had no rights of citizenship hence slaves who escaped to free states were not free but still the property of their owners and would need to be returned. The decision of the United States to determine that once a person was a slave they could never become a citizen. This case instilled fear to anti-slavery groups that slavery would spread and it infuriated anti-slavery leaders causing the new Republican Party.
Dred Scott Essay The Dred Scott Case totally wrecked the Blacks’ rights to freedom in the North and lifted duties off of the slave masters which began the Civil War. Dred Scott’s choice turned into a questionable issue to numerous other individuals, for example, government officials, slaves, and media. Many individuals bolstered the thoughts of Scott that subjection must be killed even though numerous other individuals contradicted against Scott’s idea. Despite the fact that there are individuals who were battling for opportunity and individuals who were aggressively against the end of slavery, many individuals upheld and put a great deal of endeavors to fulfill the freedom rights.
The Dred Scott Decision of 1857 ruled that African-Americans, even ones who were not enslaved, were not protected under The Constitution and could never be citizens. This brings up questions that will be answered in this paper. Should slaves be American citizens? Is it morally correct for one to own another human? Does the Dred Scott decision contradict The Declaration of Independence which states that every man is created equal?
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
“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
many acts and amendments resulted from one mans wish to be free. Dred Scott was a slave to the Emerson
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
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.
Several abolitionist broke into the jail and freed Jerry “William”, Jerry escaped to freedom, some abolitionist fled and only one was convicted. Black and white abolitionist were prepared to fight against the government and slave catchers. The Dred Scott decision in 1854 also influenced the anti-slavery movement. The Dred Scott case focused on two issues: can a black man free or enslaved claim the rights of a citizen so they can sue in court? and was the missouri compromise constitutional
One of the final cause of the Civil was involved a slave named Dred Scott. Dred Scott was an enslaved person owned by John Emerson. Emerson took Dred Scott from Missouri to Illinois, a free state. They then moved back to Missouri, which was a slave state under the Missouri Compromise. In 1857 Dred Scott sued the state of Missouri on the claim that by living in a free state, he was free and had earned his freedom. Scott won that case, but the ruling was later overturn by the Missouri Supreme Court. The Missouri Supreme Court ruled that the compromises including the Missouri Compromise were unconstitutional and that African Americans were not United State citizens and could not be a citizen. Slaves were considered property and had no rights.
The Court also ruled that Congress lacked power to ban slavery in the U.S. territories. And lastly, the Court declared that the rights of slave-owners were constitutionally protected by the Fifth Amendment because slaves were bought by owners, labeling them as property. In the North, antislavery supporters were outraged by the outcome of the Dred Scott case, strengthening the newly submitted Republican Party and helping ignite the violence between slave-owners and abolitionists on the frontier. The Missouri Compromise was declared unconstitutional under the laws made in the Dred Scott v. Stanford Supreme Court Case in 1857. The case gave Northerners a reason to fear Southern slave power. It left the nation indecisive on the actions it should take to replenish the nation of what it needs to settle the sectional tensions in which were causing our country to fall apart.