The Dred Scott vs. Sanford Supreme Court case has gone down in history as one of the most notorious cases and recognized as driving the country closer to civil war. The case became controversial in 1833, because Dr. John Emerson, purchased Dred Scott, and moved to the Wisconsin Territory. From the Missouri Compromise, slavery was banned in the Wisconsin Territory, therefore, making Scott a free man, right? After living there for a number of years Emerson moved to St. Louis and died in 1843 leaving Eliza Irene Sanford, Emerson’s wife, the owner of Scott and his family. When Scott asked for freedom, Stanford declined which lead to Scott suing the state court, where he won and was acknowledged as a free man. Sanford turned the case over to her
Summary of Source The editorial discloses the power that the Court adheres to and whether it should be accountable for the decision making of fugitive slaves. The writer had discussed that in no way did the verdict of the Dred Scott case follow an act of law, but was merely “nullity.” During the settlement, they decided that since Dred Scott’s master had brought him on free land in Missouri or of the United States without having a citizenship, which resulted in him having no case. It continues on to say that the jurisdiction of the case was influenced by opinion, which did not involve any legalities.
When congress was siding more with free states, Southern Leader, John C. Calhoun, created the “doctrine of nullification” which states that “a state has the constitutional right to nullify a national law” (73). This action almost lead to war when South Carolina invoked this doctrine and Andrew Jackson took military action to keep the union in tact. Although both sides were able to reach a compromise, a civil war will take place 30 years from then. Another spike in tensions was the Dred Scott decision (1857). A slave named Dred Scott argued that since his master died in a free state, and the Missouri Compromise of 1820, a federal law, made slavery in a free state illegal, he was a free man.
In 1833, Dred Scott was purchased as a slave by John Emerson, an army surgeon who was moved from Missouri, the place he was bought, to a base in the Wisconsin Territory. However, under the Missouri Compromise of 1820, slavery was banned there, making the area a “free” state. Nonetheless, Scott continued to work as a laborer for Emerson for the next four years, and was a hired hand whenever the surgeon would go out of town for business. After moving around with Emerson, as well as his family, Scott was willed to Emerson’s wife Eliza Irene Stanford after his owner’s death in 1843. Eliza refused to set the Scott family free after they wished to purchase their freedom, causing Dred Scott to sue her in a state court, alleging that he was free under
Dred Scott Vs SandFord The case, Dred Scott vs Sandford, (1857) better known as the Dred Scott case was a crucial decision that affected America and it’s black population. Free blacks in America weren’t able to sue the court. The concept of popular sovereignty was also questioned, and blacks with ancestors were imported to America was slave could no longer become citizens. The Case ruled that slaves in free countries are still slaves.
On December 24th 1851 court was adjourned until March 15th 1852. Dred Scott did not deny that the case had been heard before; he did however state the decisions were never based on Missouri law. In Dred Scott’s conclusion he stated, “slavery was the will of God and times now are not what they were when former decisions on the subject were made”. Basically Scott knew racial and sectional prejudices played a role in the decision. Justice Hamilton Gamble agreed with Dred Scott that times have changed but disagreed that any principles had changed.
Dred Scott was a slave in Missouri, but from 1833-1843, he lived in places where slavery was illegal. When Scott returned to Missouri, he believed that because he lived in free territory, he was a free man. He sued without success in Missouri courts. Scott’s master said that Dred Scott couldn’t be a citizen because of Article III of the Constitution. In the end, Dred Scott lost and had to return to slavery.
The case of Dredd Scott vs Sanford and its ruling by the Supreme Court had significantly influenced the subject of slavery. The effect of the decision declared that no black, enslaved or free, was allowed to claim citizenship in the US. Slaves were considered property and had no right to consider themselves individuals. The Dredd Scott case decision specified that Congress wasn’t allowed to abolish slavery in US territories.
Dred Scott vs Sanford The Dred Scott vs Sanford case was a very pivotal moment in U.S. history for many reasons. After doing some research, I got a better understanding of the constitutional issues, a logical interpretation, the significance and lastly a commentary of my opinion of the final ruling. The first topic is the constitutional issues. The case had been brought before the court by Dred Scott, a slave who had lived with his owner in a free state before returning to the slave state of Missouri.
America’s founders created the constitution in order to create unification and order in the United States. However, there have been controversy surrounding the interpretation of the constitution, this has caused debate over many issues within the country. These issues and the lack of wartime policy within the constitution directly lead to the Civil War, which was one of the worst alterations this nation has faced. The Missouri compromise, the Dred Scott decision, and Bleeding Kansas were controversial issues surrounding the constitution that directly lead to the Civil War.
The forefathers of the United States built this country on the ideals of freedom and equality for all people. Unfortunately, the fight for equality and freedom did not end with the revolutionary war. The fight has continued throughout the decades. Many of these issues were fought in the courtroom. Auburn University created an online Alabama Encyclopedia, there, the following quote stated, “Scottsboro became an international cause celebre that dramatically encapsulated the American south troubled post reconstruction history of legal and extralegal racial violence, the social and political upheaval of the great depression, and the lingering cultural divide between the north and south.”
The end result of the Dred Scott decision was Chief Justice Roger Taney 's decision that Congress did not possess the jurisdiction to stop slavery from spreading into other territories, even if they were considered free. Even worse, any free Black could now be allowably forced into slavery. Being forced into slavery was also seen as being beneficial to the free Blacks. Instead of reaching a decision as President Buchanan had hoped, it had started a rapid expansion of the conflict. This rapid expansion over the issue of slavery eventually led to the Civil War.
In conclusion, I believe the implications of the Dred Scott decision of 1865 was for the status of free blacks in the United States. Dred Scott, the African American slave fought for his freedom in Illinois, but was unsuccessful. The court’s decision rose questions and greatly impacted the status of free blacks. The slaves and the free blacks did not apply to the constitution, and were not recognized as citizens, which rose questions as to what rights they had and did not
Dred Scott was sued for his freedom on the grounds that he had lived for a time in a "free" territory. The Court ruled against him, saying that under the Constitution, he was his master 's property. The people involved with this court case are the Supreme Court,Dred Scott, and Chief Justice Roger B. The final judgment for this case ended up in Dred Scott 's favor.
The Dred Scott Decision made the Civil War unavoidable because of the treatment of African Americans regarding their equality and opportunity. Dred Scott was a slave in Virginia who tried to sue for his freedom in court. The case eventually went to the Supreme Court level, where the justices found that, as a slave, Dred Scott was property that had none of the legal rights of that of a white man. The Northerners hated this decision because it meant that slavery could spread into all territories. This inflamed tensions as the Northerners felt that the South was trying to expand slavery into the free states and would be able to do so.
Causes of the Civil War “No, if destruction be our lot we must ourselves be its author and finisher. As a nation of free men we will live forever or die by suicide,” - Abraham Lincoln. The Civil War is known as one of the greatest tragedies in American history. With over 620,000 deaths, it is by far the most devastating war (“Civil War Facts”). When studying the Civil War, one must question why it even happened in the first place.