Preview

dred scott

Powerful Essays
Open Document
Open Document
1649 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
dred scott
Dred Scott 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. Sanford case of 1857, popularly known as the "Dred Scott Decision." The case was based on the fact that although he and his wife Harriet Scott were slaves, they had lived with his slave owner, Dr. John Emerson, in states and territories where slavery was illegal according to both state laws and the Northwest Ordinance of 1787, including Illinois and Minnesota. 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 residence outside Missouri did not bring about his emancipation under the Missouri Compromise, which the court ruled unconstitutional as it would improperly deprive Scott 's owner of his legal property.
While Chief Justice Roger B. Taney had hoped to settle issues related to slavery and Congressional authority by this decision, it aroused public outrage and deepened sectional tensions between the northern and southern U.S. states. President Abraham Lincoln 's Emancipation Proclamation in 1863, and the post-Civil War Thirteenth, Fourteenth and Fifteenth amendments nullified the decision.
Overview
The case raised the issue of the status of enslaved individuals who had been held captive while residing in a free state. Such states and territories held that a slaveholder forfeited his property rights to his enslaved individuals in a state that prohibited the institution of slavery and where there was no law to support his controlling the slave. Congress had never before addressed whether slaves were free if they set foot upon free soil. The Dred Scott ruling overturned the Missouri Compromise as unconstitutional, holding that slavery was protected

You May Also Find These Documents Helpful

  • Better Essays

    Some consider Dred Scott not a citizen. The question has also been raised about the constitutionality of the Missouri Compromise and whether it not infringes on an individual’s right to protect property which is written in the Fifth Amendment of the Constitution. What is considered a man or “men” in the Declaration of Independence is questioned and some justices ask if African Americans or those with slave roots are in the category of this people and if the equality guaranteed by the Declaration of Independence and the Natural and Common Laws granted by the Constitution is applicable to African American men . The consistent racist rulings by the states courts and eventually the federal court have led to the escalation of the Dred Scott case to the Supreme…

    • 1622 Words
    • 7 Pages
    Better Essays
  • Good Essays

    When the Dred Scott case came before the Supreme Court, Chief Justice Roger B. Taney was one of the five justices from states where slavery was legal. These five justices were the majority on the court, and believed that although the Missouri Compromise existed, a slave owner had the right to take his slaves anywhere he wished without fear that someone would remove his property from him. It was their feeling that regardless of the fact that Dred had lived in so called “free states,” he was still his owner’s property.…

    • 213 Words
    • 1 Page
    Good Essays
  • Good Essays

    Dred Scott was born a slave approximately around 1795 in Virgina and was owned by the Blow family. The Blow’s are a family of farmers that moved to Missouri from Virginia. This is where Scott was sold to a Dr. John Emerson which was the United States Army Surgeon. Shortly after being sold to the Emerson family, is when all these lawsuit conflicts arose. However, Dred Scott was able to marry Harriet Robinson and have his first daughter with her, Eliza Scott, in 1838 in a free territory. Once Dr. Emerson passed away, the Scott family was under Eliza Emerson’s—wife of John Emerson— ownership. The case that was later entitled Scott V. Sanford first went to trial in 1847. The Dred Scott Case was one of the most important events that happened in history…

    • 1126 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Dred Scott was a African American slave born in Virginia in the year 1800. In the 1830s Scott and Harriet Robinson lived in Fort Snelling in the 1830s working as free people as slavery was outlawed in the area. He lived there with an army surgeon named Emerson and was paid an independent salary. When Emerson was reassigned to the south they Scotts moved to fort Jesup in Louisiana. But soon returned to Fort snelling. In 1846 the Scotts decided to sue for their freedom because they were denied the optioned to buy it by Emerson's widow. In 1853 they filed in federal court. After Dred was freed in St. Louis circuit court in 1857, the supreme court made a decision based on the Dred Scott case stating that African Americans were not citizens and…

    • 193 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Dred Scott vs Sanford was a very important political case and was one of the first case towards equal rights for everybody. Dred Scott was a slave from Missouri and he sued the state of Missouri for his freedom. In this time Missouri was a free state and therefore he stated that he could be free from slavery. Although he was free, the state of Missouri considered him property and could not be taken away from his owner. Not to mention Minorities in this time we're not considered citizens and couldn't have freedom if they were a slave.…

    • 278 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The decision, in 1859, sided with federal law stating that states do not have the ability to overrule federal law; that the Constitution was written as the supreme law of the land. Chief Justice Roger B. Taney’s decision denied the right of state’s courts to interfere in federal cases, prohibited states from releasing federal prisoners on a writ of habeas corpus, and upheld constitutionality of the Fugitive Slave Act.3 Taney cited in his decision, “To make all laws which shall be necessary and proper to carry into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.”4 This is important because it limited the rights of the state governments. Taney’s decision strengthened the federal government and weakened the state governments. His decision also strengthened the judicial branch further following in the footsteps of John…

    • 1328 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Dred Scott was a Missouri slave. Sold to Army surgeon John Emerson in Saint Louis around 1833, Scott was taken to Illinois, a free State, and on to the free Wisconsin Territory before returning to Missouri. When Emerson died in 1843, Scott sued Emerson's widow for his freedom in the Missouri supreme court, claiming that his residence in the “free soil” of Illinois made him a free man. After defeat in State courts, Scott brought suit in a local federal court. Eleven years after Scott's initial suit, the case came before the U.S. Supreme Court.…

    • 421 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The Dred Scott Supreme Court decision is an embarrassment in American history. Before the the case was brought to the court Dred Scott,an enslaved African American, tried to buy his freedom for $300 but the offer was declined. He finally went to the court to see if his freedom could be granted through the legal system. However he lost on a technicality because he could not provide sufficient proof that he was owned by Emerson’s widow. In 1850 there was a retrial in the Missouri supreme court, which granted them freedom. However two years later the Supreme court stepped in and reversed that ruling. He finally appealed to the United States Supreme Court, which ruled that because he was black he was not a citizen, in effect he restricted, or…

    • 168 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The majority opinion stated that because of Dred Scott’s race he was not a citizen and had no right to sue under the Constitution, in March of 1857. Stretching beyond the case of the moment, the court’s decision also invalidated the Missouri Compromise of 1820 that had for nearly 40 years placed restrictions on slavery north of the parallel 36 degrees, 30 minutes, in the vast territory of the Louisiana Purchase. Scott’s abolitionist lawyers might have hoped for a landmark decision but not the one they got. The Supreme Court’s ruling galvanized the abolition movement and spurred Abraham Lincoln to publicly speak out against it, the event that led to the resurgence of his personal political career.…

    • 295 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In Dred Scott v. Sandford the case started in 1856 and ended in 1857. “The Supreme Court decided that Americans of African descent, whether free or slave, were not American citizens and could not sue in federal court. The Court also ruled that Congress lacked power to ban slavery in the U.S. territories. Finally, the Court declared that the rights of slaveowners were constitutionally protected by the Fifth Amendment because slaves were categorized as property.” - Alex McBride (McBride 2006, 411). The verdict was unlawful and absurd.…

    • 649 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In 1857, Dred Scott lost his case proving that he should be free because he had been held as a slave while living in a free state. The Court ruled that his petition couldn’t be seen because he did not own property. But it went further, to state that even though he had been taken by his 'owner' into a free state, he was still a slave because slaves were to be considered property of their owners. This decision furthered the cause of abolitionists as they increased their efforts to fight against slavery.…

    • 537 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Supreme Court of the United States rendered its choice, deciding that Dred Scott was as yet a slave in March of 1857. Much more disputably, the Court decided that the Missouri Compromise was illegal; that all blacks, free or oppressed, would never be United States subjects, and that Congress did not have the privilege to choose the bondage question in the regions. This stacked choice, which should settle the servitude question for the last time and all the more significantly relieve the country's developing sectional emergency, wound up making more strain in the nation between the North and South. The response to the choice changed by district and political gathering, with it being scrutinized by northerners and Republicans, and commended by southerners and…

    • 168 Words
    • 1 Page
    Good Essays
  • Better Essays

    Dred Scott argued that he had been freed as a result of living with his master in the free state of Illinois and in federal territory. The Missouri Compromise forbade slavery there. In the slave states, slaves were considered valuable property; Mrs. Emerson did not want to lose the Scotts. Her main argument was that they were depriving her…

    • 844 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Dred Scott v. Sanford

    • 925 Words
    • 4 Pages

    Being born into slavery meant that Dred Scott had been exchanged from owners to owners (Knappman 16-17). His first owner, the Blows, died, and before their death, they sold Scott to Dr. Emerson. Dr. Emerson soon gave Scott away to his wife’s brother, Sanford (Knappman 16-17). Scott tried to buy his freedom away from Dr. Emerson’s wife but she just wouldn’t accept (Dred Scott Decision 1). Since Scott moved from place to place as a slave, he was able to go to Illinois, which was a free state (Richie 40). Because of the Constitution, Scott used his rights to sue Sanford claiming that he was a free man (Richie 40). With this in mind, it lead to arguments about both parties, the prosecuted and the defendant.…

    • 925 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Reconstruction Dbq

    • 1142 Words
    • 5 Pages

    In 1865, Amendment Thirteen of the United States was ratified. The article states that all slaves residing in the nation or any of its corresponding territories are deemed emancipated. (Document A) Though the article does publicly mandate emancipation, it fails in successfully granting freedom to previous slaves. Southern states imposed “black codes” upon the newly freedmen. These diminishing codes restricted various activities and behaviors of the black community. Many included the prevention of interracial marriage, black testaments against whites in court of law, and jobs outside of agriculture. Clearly, the Thirteenth Amendment was not strictly imposed upon the once rebellious southern states. Three years later, congress decided to enact another article that would annul the previously mandated Dred Scott Decision of 1957, which states that blacks could not be legal citizens. This newly established document was titled the Fourteenth Amendment. The amendment itself stated that all persons born or naturalized in the…

    • 1142 Words
    • 5 Pages
    Good Essays