Another incident involving slavery that contributed greatly on the conflict between the north and the southern states was the DRED SCOTT DECISION. The Dred Scott decision is described by (https://en.wikipedia.org/wiki/Dred_Scott_v._Sandford) as “A landmark decision by the United States supreme court, in which the court ruled that African Americans, whether enslaved or not, could not be first class American citizens and therefore had no right to sue in Federal court and that the Federal governments had no power to regulate slavery. Dred Scott was an African American slave, taken by his master from the slave state of Missouri to the free state of Illinois and then the free state of Wisconsin. The master was moved back to Missouri, the slave state and he took Scott with him and later on the master died. The question at hand was should he be set free? …show more content…
Dred Scott to them was a property belonging to his owner, and he could not be taken away from his owner without due process of the law.
These did not seat well with the North as they believed Dred Scott should have been left free. A young lawyer took quite an interest in the case, the very same lawyer we later saw becoming the United States of America President, his name was Abraham Lincoln.
Politically, the Northern and Southern states fell apart again slavery and the slave trade as the main player in causing this division. In the early 1800s, a higher percentage of the Northerners belonged to the Whig party, while most of the Southerners were Democrats. By the 1850’s and beyond, the Whig party was no more and a new party, the Republican Party emerged and most of the Northerners now became
To first understand why Mr. Dred Scott decided to sue for his freedom, we have to understand the prelude to his story. Even before Dred Scott was born a case in London was buzzing that would emancipate slaves and some historians believe the case contributed to increasing colonial support for separatism in the Thirteen Colonies of British North America, by parties on both sides of the slavery question who wanted to establish independent government and law (Britannica). The case was Somerset v. Stewart and it has been deemed one of the most important legal actions in the history of the antislavery movement (Weiner 71). The facts of the case were that James Somerset was a slave of Charles Stewart, an officer in the British colony of Boston in
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.
Dred Scott was taken back into slavery and accused Sandford because Scott was in a free states and claimed that he was in the free state long enough to be a free slave. The Supreme court ruled against Dred Scott, this decision affected blacks preventing them to become citizens and an giving them the right to appeal to a jury and making it harder for a slave to escape because the free states didn’t make a runaway slave a free slave. The case also affected popular sovereignty. Where states got to choose if they were to be a free states or a slave
Today the trial, Scott V. Missouri, which was Dred Scott, a slave owned by Irene Emerson, suing for his freedom, had taken place. The trial had started out with a witness for prosecution, who stated that due to Dred Scott’s status as a slave, that he didn’t have any rights within the constitution. He went on to claim that the constitution only covered people and therefore, Dred Scott was only considered property and had no rights. In addition, the witness made the argument that due to Missouri law, Dred Scott was still considered a slave since he still resides within Missouri. During their argument, the Supreme Court questioned the witness about what the definition of a person was in the constitution and whose job it was to debate the Constitution.
When one holds a prestigious position on the United States Supreme Court, they possess the opportunity to alternate the future of the country. However, that impulse should not be entertained in the majority of instances, as with the Dred Scott Case of 1857. Although that conflict should have dissolved after the subject dissolved, Chief Justice Roger Taney allegedly overextended his reach to determine the legality of another issue that had troubled the United States. In addition, the decision decided on the case itself negates the framework of the U.S. Constitution by infringing on an individual’s rights, regardless of who they might be. At the time of the Dred Scott Decision, the United States had become deadlocked over the controversy
The Results of Dred Scott v Sanford had different effects on American history. This also contributed to the start of the civil war. Dred Scott v Sanford was a court decision on if Dred Scott could sue for his freedom. " According to Supreme Court History, Dred Scott could not sue for his freedom because he was not a citizen. " This was otherwise known as an illegal case.
The aftermath of the Kansas-Nebraska Act began the violence known as Bleeding Kansas, which was the result of countless conflicts of pro-slaver and anti-slavery settlers. To make matters worse three years later, the Supreme Court issued its decision on the Dred Scott v. Sandford case. Chief Justice Roger B. Taney stated, “… the right of property in a slave is distinctly and expressly affirmed in the Constitution. The right to traffic in it, like an ordinary article of merchandise and property, was guarantied to the citizens of the United States, in every State that might desire it, for twenty years. And the Government in express terms is pledged to protect it in all future time….”11
Geographically the United States was divided with the North being against slavery and the South supporting slavery. This division in the states had a great affect on the decision making in congress
In 1857, an African American man named Dred Scott sued for his freedom in the Supreme Court. His owners brought him along on their trips across free states. Dred Scott failed in suing before his case was presented in the Supreme Court. Roger B. Taney was the fifth chief Justice of the United States when he wrote the Dred Scott vs Sandford decision. The Dred Scott vs Sandford case ended with the decision that African Americans, free and enslaved, had no rights and could not become citizens because they were property.
Dred Scott was born was a slave in the state of Virginia and was owned by Peter Blow, who died in 1832. Scott only had two masters after Blow’s death; one lived in Wisconsin and later Illinois, both of which prohibited slavery, yet, Scott didn’t petition for freedom. Instead he met his wife Harriet. The two met their new master in Louisiana, who did not grant them freedom, so Scott looked for legal action to escape his slavery. Over a period of seven years, he went through trial and retrial until he was denied his final freedom in 1854.
After John died, Eliza Emerson, John’s wife, gave the custody of Dred and Harriet Scott to his brother, John Sanford. Dred Scott wanted to demand what all enslaved people wanted: his freedom. Soon after Dred Scott sued for his freedom. The court ruled that he would still have to be a slave because he was in a slave state. (Rawley 187)
States’ rights, the powers held by individual U.S. states rather than by the federal government, had been an issue since the ratification of the Constitution when some feared that the federal government had more power than the states and wanted an outline of the Americans’ basic liberties. During the lead up to the official outbreak of war, state powers were a matter that caused major conflict between the North and the South. When South Carolina seceded from the Union, they stated that the Northern states had “denied the rights of property established in fifteen of the States and recognized by the Constitution.” At this time, slaves were seen as property rather than humans, and the right to property was guaranteed by the fifth Amendment. Although the quote does not explicitly mention slavery, it can be seen that South Carolina seceded because the state had felt like its so-called entitlement to own slaves had been violated when Northern states began to disregard the Fugitive Slave Law of 1850 which required all runaway slaves to be returned to their master even if they had escaped to a free state.
Thus, the decision prevented free blacks from advancing in society. The constitution did not apply to them, which consequently developed a lot of confusion and created problems the future free blacks and slaves in the United States. Last of all, even though free blacks were considered as free men, the court failed to recognize them as citizens. This meant that free blacks still did not receive the rights they deserved. The Dred Scott decision was to define the free black’s status and define what rights they did and did not have, since the constitution did not apply to them.
Southerners believed they had a right to have slaves on their land because they technically owned them as property and going against the Fifth Amendment would be unconstitutional. A few cases, such as the Dred Scott case, tried to counter this statement. In the Dred Scott case, a man named Dred Scott, who lived in Missouri, was taken from his home and moved to Minnesota, which was a free state. He argued that since he was living in a free state, he should be free. However, Roger B. Taney, the Supreme Court Justice of this case, ruled that Congress never had the right to prohibit slavery in any territory and that “free territory” did not really exist.
Thesis Statement: In South Carolina, it was common for masters to own slaves, abuse them, give them harsh living conditions, and strict rules to follow. In response to the unfair conditions, slaves had uprisings or even ran away. Abraham Lincoln, the President at the time, wanted to end slavery, so he issued the Emancipation Proclamation which stated that slaves were both free in