ipl-logo

John Emerson's Execution Essay: The Dred Scott Decision

1426 Words6 Pages

Born in 1800, Dred Scott was born a Negro slave in Virginia, and later was taken to Missouri. (Rawley 188) Dred Scott was sold to army surgeon, John Emerson. John Emerson was a surgeon and because of his profession, he always traveled the country. According to the Missouri Compromise, Wisconsin fell under the free land. 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) Eventually, Dred Scott took his case to the Supreme Court, but the court invalidated the Missouri …show more content…

For the issue of first question it was ruled that Dred Scott could not sue, because he was not a citizen of Missouri, and therefore courts had no jurisdiction. Chief Taney stated that no “negro”, not even a freeman could be a citizen under the constitution. Third question that Taney claimed was the question of whether the Missouri Compromise was constitutional or not, in which Taney goes on to say that Missouri Compromise was unconstitutional. (Klingaman 28) This was the second time that the Supreme Court used its power of Judicial Review to find a federal congressional act unconstitutional. First one was Marbury v. Madison in which the decision established the court's power of judicial review over action of Congress. Also invalidating Missouri Compromise of 1820 was the first time in supreme court history where the court struck down a piece of federal legislation. (Gienapp 216) Missouri Compromise was a federal statute, which regulated extension of slavery and maintained balance of power between free states and slaveholding

Show More
Related

  • Dred Scott Case Summary

    550 Words  | 3 Pages

    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.

    Read More

  • Roger B. Taney's History In The 1857 Dred Scott Case

    561 Words  | 3 Pages

    Roger Brooke Taney made history in the 1857 Dred Scott Case by ruling that black slaves were not citizens of the United States. This controversial historical figure died on October 12, 1864, in Washington, D.C. One of Robert’s most famous quotes was "What Dred Scott's master might lawfully do with Dred Scott, in the free state of Illinois, every other master may lawfully do with any other one, or 1,000 slaves, in Illinois, or in any other free state. "What Robert is saying is that a master of a slave can do whatever he/she wants with that slave. By the time Roger B Taney became Chief Justice, Taney had become a staunch supporter of slavery, even though he had manumitted eleven slaves he inherited as a young man and made anti-slavery statements when serving as defense

    Read More

  • History Of The Antislavery Case: Somerset V. Stewart

    344 Words  | 2 Pages

    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

    Read More

  • Jameson's Persecution: The Dred Scott Case

    194 Words  | 1 Pages

    This ruling is consistent with the Supreme Court of the United States’ ruling in the Dred Scott case earlier that year: at the time, the American legal system said that slaves were the property of their masters, which meant that

    Read More

  • Why Shouldn T Dred Scott Be Banned To Slavery?

    246 Words  | 1 Pages

    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

    Read More

  • Dred Scott Vs Sandford Case Study

    509 Words  | 3 Pages

    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

    Read More

  • Samuel Dred Scott Timeline

    647 Words  | 3 Pages

    Scott and his wife file for separate petitions with the court as their petitions are dismissed and their lawyer files for a new trial. Irene then hands over the Scott’s to the St. Louis County Sheriff to be their sole custody as slaves, while the case that Scott had previously filed with the court was being resolved. The court case had a ruling and the Scotts’ were freed from slavery. Mrs. Emerson was not pleased with the court’s ruling and she and her brother appealed the ruling with the Missouri Supreme court and a new trial was started and named – Dred Scott v. Irene Emerson. The Missouri supreme Court decides to reverse their own ruling and Scott and his family are no longer free but slaves again living in a free

    Read More

  • The Controversy: The Dred Scott Case Of 1857

    643 Words  | 3 Pages

    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

    Read More

  • Why Is The Dred Scott Decision Important To American History

    542 Words  | 3 Pages

    Prior to this decision, Dred was enslaved in Alabama, then was brought to Missouri. From there, he was sold to John Emerson, who brought him to Wisconsin territory. Soon after, he was brought back to Missouri. Once in Missouri, Dred Scott, and his wife Harriet filed for their freedom in Missouri court. Eleven years later, Chief Justice Roger Taney denied Scott in Washington D.C. due to three rulings; African-Americans had no rights in federal court, Slave states no longer had to follow the doctrine “Once free, Always free”, Congress should never have banned slavery in any territories.

    Read More

  • What Was The Significance Of The Compromise Of 1850

    702 Words  | 3 Pages

    Dred Scott Decision – Was a trial between a slave and his owner. The master moved to a free state and kept a slave even though they had entered a free state. In the end, they ruled in the favor of the master. This decision stated that slaves are just property and can be moved from place to place and still be bound to the master. The significance of this is that it made the Missouri Compromise unconstitutional.

    Read More

  • The Dred Scott Decision And Bleeding Kansas

    756 Words  | 4 Pages

    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.

    Read More

  • The Expansion Of Slavery And The Civil War

    94 Words  | 1 Pages

    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.

    Read More

  • Supreme Court Case Essay

    537 Words  | 3 Pages

    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.

    Read More

  • Why The Judicial Branch Is The Most Powerful

    478 Words  | 2 Pages

    Madison court case that took place in 1803. The law that was declared by the Supreme Court at this hearing was that a court has the power to declare an act of Congress void if it goes against the Constitution. This case took place because President John Adams had appointed William Marbury as justice of the peace in the District of Columbia, and the new president, Thomas Jefferson, did not agree with this decision. William Marbury was not appointed by the normal regulation, which was that the Secretary of State, James Madison, needed to make a notice of the appointment. James Madison did not follow through and make a notice of Marbury’s appointment; therefore, he sued James Madison, which was where the Supreme Court came in place.

    Read More

  • Cause Of The Civil War Essay

    685 Words  | 3 Pages

    Dred Scott was a slave who attempted to gain his freedom. Scott was owned by a man for the early part of his life, and then was sold to a new man once his original owner died (Tindall 672). He followed his new owner around the country, and lived in several free states (Tindall 672). Once his second owner died, Scott filed for his freedom (Tindall 672). After going through a rigorous process, the court finally decided that Scott had no grounds for his case because he was not actually a citizen (Tindall 672).

    Read More

More about John Emerson's Execution Essay: The Dred Scott Decision

Open Document