In modern society, people often try for minority groups to feel equal to majorities, however, when slavery existed, blacks were undermined and denied many freedoms entitled to them under the Constitution. There were many topics argued about, but slavery caused the most dispute within the country. In the 1850’s, the pro-slavery South and the anti-slavery North collided when the case of Dred Scott, a black slave who attempted to gain liberation, was brought to court. The North and South had vastly different views on the subject of slavery, Scott had resided in the free state of Illinois with his master, illegally, after being taken from the slave state of Missouri. His residency in Illinois, which was a free state, automatically nullified …show more content…
Because he had been held as a slave illegally, and ultimately denied the nullification of his status, he was therefore entitled to petition his liberation and gain freedom.
Based on the slavery laws in Illinois where he resided, Dred Scott should have been liberated as he had legal standing to file a lawsuit against the government. His freedoms had been denied and when he was held illegally as a slave in the state of Illinois, these facts were not acknowledged when he proposed his freedoms, and therefore, had every right to petition his liberation. Debate of the constitutionality of The Missouri Compromise caused controversy within the Dred Scott case. The Missouri Compromise came about in 1818, when Missouri petitioned to become a slave state. At the time, there were 22 states, 11 slave and 11 non- slave states; there was balance of representation in senate. The house of representatives, however, proposed an amendment that would ban the importation of slaves, and eventually all slavery. This bill was passed, and then moved on to senate where a modified version was passed that did not contain any restrictions on slavery. The house refused to accept the modifications made, and the bill was never passed. In 1819, Maine petitions for acceptance into the union but as a free state. When both petitions passed, Missouri was then reconsidered. Slavery
As stated above, the rapid spread of abolitionists in the northern states and the pro-slavery activism in the southern states, the United States of America was soon torn apart. In the year of 1820, an act known as the Missouri Compromise was passed, and slavery was banned from all newly created western territories. This passing caused a lot of tension in the southern states because they believed it was going to eventually diminish their industrial success. A few decades later in 1857, the United States Supreme Court made a new legal principle known as the Dred Scott Decision, which stated that African slaves (in the slave
Dred Scott was a slave in the state of Missouri. Scott was a slave from 1833 to 1843, he resided to Illinois (a free state) and in an area of Louisiana territory, where slavery was forbidden by the Missouri Compromise of 1820. The Missouri Compromise was a decision that was bought up after Missouri’s 1819 request to be admitted to the Union as a slave state. This request threatened the balance between slave states and Free states. To keep the peace between the North and South, Congress arranged a two-part compromise that would grant Missouri as part of the Union and as a slave state, but also admitting Maine as a free state. The compromise also passed an amendment that drew
After years in the court system the Justices, in a 7-2 vote, finally concluded four major points that would effect the nation in the years leading up to the Civil War. First, the Supreme Court found that African Americans were not citizens. Chief Justice Roger Taney, from Maryland, and a former slaveowner who eventually emancipated his slaves wrote that slaves were “to be bought and sold and treated as an ordinary article of merchandise and traffic, whenever profit could be made by it.” In other words Scott was not a citizen and therefore didn’t even have the right to have his case heard in a court of law.2 This finding was in direct opposition of some northern states, who’s constitutions had declared free black men citizens. Secondly, since slaves are property, the property owner has the right to move their property to or through free states and territories.
The case also sparked the northern states as with glee in the south. The american public reacted very strongly and the anti slavery group thought the would spread terribly. Also Abraham Lincoln said that slaves were property and had no rights. The courts said that Scott was not free based on living in either Illinois or Wisconsin because he was not considered a person under the U.S. Constitution In the opinion of the justices, black people were not even considered citizens when the Constitution was written in 1787. Dred Scott was the property of his owner, and property could not be taken from a person. With the support of friends, the Scott’s survived eleven years of disappointing litigation. After those long eleven years, Mrs. Emerson and her brother gave
First, Henry Clay was the original writer of the Missouri compromise, its terms included banning slavery in the northern part of the United States making them slave free states. Additionally, one of the settlements was between anti-slavery and pro-slavery states that restricted slaves north of latitude 36°30. It had allowed Missouri to remain a slave state; but, ban the rest of the Louisiana from slavery. This agreement now made an even amount of pro-slave states with anti-slave states. The law remained in place for nearly thirty-four years until the Dredd Scott case which was brought to congress’ attention that
Dred Scott was an American slave who was taken first to Illinois, a free state, and then to Minnesota, a free territory, for an extended period of time, and then back to the slave state of Missouri. After his original master died, he sued for his freedom. He initially won his freedom from a Missouri lower court, but the decision was reversed by the Missouri Supreme Court and remanded to the trial court. Simultaneously, Scott had filed suit in federal court, where, after prevailing on the issue of his status as a citizen of Missouri, he lost a trial by jury. Scott appealed to the U.S. Supreme Court, which used the case to fundamentally change the legal balance of power in favor of slaveholders.
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
Dred Scott was a slave who desired freedom. Scott believed that he was considered free because he was once on free territory. He tried to petition and sue for still being “enslaved” when he was clearly on free land. The court decided that he had no right to petition because he couldn’t show that he was a U.S. citizen. He traveled north of the 36’30” line thus now being in a free state. The Missouri compromise was then labeled unconstitutional. The case eventually went all the way to the U.S. Supreme Court. The court’s decision was because Dred Scott was black it was considered that he was not a citizen and he could not sue. The decision encouraged abolitionists to speak out and for people to rage about anti slavery. A reason why people voted
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
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 Act caused even more controversy. Dred Scott was a slave in a slave state, but then moved to a free state, so he thought that he was now a free person. The court decided he was not a free person because he was still property. In addition, the Missouri and Main became a free state. This was named the Missouri Compromise. It stated that no more states north of the new boundary could become a slave state, which angered some who needed slaves to run their farms. (Wise...)
Dred Scott, a slave, had lived several years in Wisconsin, a free state and sued his owner Irene Emerson, for his and his wife’s freedom. They were now in Missouri a slave state. He said that having lived in a free state made him a free man. A History Of Us Liberty For All we read what Chief Justice Roger Taney said in his majority opinion in the
In 1846, a slave living in Missouri named Dred Scott, sued for his freedom on the basis that he had lived for a total of seven years in territories that were closed to slavery. Scott's owner had been an army doctor named John Emerson. Emerson's position had required him to move several times in a relatively short amount of time. During his time with Emerson, Scott had lived in the state of Illinois, which was
In the March of 1857 Dred Scott, a slave who had lived in a free state for many years, came before the Supreme Court to argue that he was entitled to emancipation. Chief Justice Roger B. Taney ruled that no black