Preview

Analyzing The Dred Scott Decision Of 1857

Good Essays
Open Document
Open Document
300 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Analyzing The Dred Scott Decision Of 1857
The Dred Scott decision of 1857 is one of the most famous Supreme Court decisions because it declared that slaves could never become citizens of the United States. The Court’s 6-3 decision stated that the Constitution could not protect blacks and “blacks had no rights which the white man was bound to respect.” Since slaves could never become citizens they had no right to sue and Dred Scott remained a slave. The courts reputation following this decision plummeted to an all time low in the North and now Republicans of the time viewed the court as controlled by the Slave Power. During the 1830’s Dred Scott had traveled from Missouri to Illinois, where slavery had been prohibited by the Northwest Ordinance of 1787. Scott sued for his freedom,

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Dred Scott v. Sanford came to trial in 1854. Let it be known that Dred Scott was the only case that reached the Supreme Court brought on by a slave against his master (Vandervelde 5). Scott presented the courts with the same arguments and three main questions were brought before the court: 1) As a black man, was Scott a citizen with a right to sue in federal courts? 2) Had prolonged residence (two years in each place) in a free state and territory made Scott free? 3) Was Fort Snelling actually free territory (McPherson)? The central issue had been how residence on free soil affected the legal status of a slave (Garraty 91). Sanford sought to have the Missouri decision upheld mainly on the basis of two arguments. First, they maintained that…

    • 305 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Facts: This lawsuit involves Dred Scott, an African American slave and his owner due to the passing of his previous owner Dr. Emerson, John F. A. Sanford. John F.A Sanford is the brother to the wife of Dr. Emerson. Dred Scott sued for his freedom in the Missouri Circuit Court for the City of St. Louis on April 6, 1846 . Dred Scott’s legal suit is for assault and false imprisonment: “A slave could be punished and kept as property, but a free person could not.”…

    • 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

    Introduction- The population of a black male was 14.6% in 1964 and the white male population with a high school diploma was was 27.6%.It all started with the civil rights movement which was a movement so blacks can have the same privileges as whites. It was wrong that they had to separate people because of there color back then. Body Paragraph 1-The fist case is Dred Scott vs Sanford which was a judgement for the slave named Dred Scott and his wife Harriet sued for their freedom in a St. Louis citycourt.…

    • 738 Words
    • 3 Pages
    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
  • Powerful Essays

    Dred Scott v. Sandford (1857)- It showed that black american weren’t able to sue in court.…

    • 99 Words
    • 1 Page
    Powerful Essays
  • Powerful Essays

    Plessy v. Ferguson is one of the most important and controversial cases in United States history. In 1896 the case was brought to the Supreme Court after defendant Homer Plessy was arrested for sitting on the white side of a train. Plessy who was 1/8 black was arrested and convicted of violating one of Louisiana’s racial segregation laws. The Supreme Court upheld that states were allowed to have segregated facilities for blacks and whites as long as they were “separate but equal”. There was not much support in the cases before to support the Plessy v. Ferguson case. There had been the Dred Scott Decision in 1857, which said blacks were not allowed to become citizens of the United States (later on overturned by the 14th and…

    • 1266 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    In Dred Scott vs. Sandford, Justice Roger Taney advances the argument that Black people were not “intended to be included” as citizens under the constitution, meaning that they are unable to claim the “rights and privileges” bestowed upon citizens of the United States (Dred Scott v. Sandford). To advance this argument, and to prove that the decision in Dred Scott was not a race-based one, Taney makes a comparison between black and indigenous individuals, asserting that indigenous freedom has “constantly been acknowledged, from the time of the first emigration to the English colonies to the present” (Taney, Dred Scott). However, Taney neglects to confront the historical truth that the United States government committed countless genocidal acts…

    • 1391 Words
    • 6 Pages
    Good 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

    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
  • Good Essays

    The Dred Scott decision ruled taking a slave into a free territory did not grant him freedom. Thus the time Dred Scott spent away from Missouri did not change his slave status. The ruling also declared black men were not considered citizens of the country, therefore unable to bring a lawsuit. This court decision further stated Congress did not have the power to prohibit slavery in the territories and in turn they ruled the Missouri Compromise unlawful. The ruling dragged the country into upheaval as could be seen on nearly every newspaper headline from coast to…

    • 572 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 conclusion of Scott v. Sandford was considered the worst judgment Chief Justice Roger broke Taney ever composed. He disregarded constitutional points of reference, misshaped history, forced an inflexible instead of an adaptive development on the constitution, overlooked particular awards of power in the constitution, and tormented implications out of other, more-cloud provisions. His rationale on the citizenship issue was maybe the most convoluted. He conceded that African Americans could be citizens of a particular state and that they may even have the capacity to vote, as they truth be told did in some states. In any case, he contended that state citizenship had nothing to do with national citizenship and that African Americans couldn't…

    • 791 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Dred Scott was born into slavery around 1800 his first known owner was Peter Blow in 1830. Before Mr. Blow’s death in 1832, Dred Scott was sold to Dr. Emerson. In 1833 Dred Scott went with Dr. Emerson to Fort Armstrong in Illinois he was an assistant surgeon in the Army. Dr. Emerson was stationed there for three years and Dred Scott would have been entitled to sue for freedom, however…

    • 757 Words
    • 4 Pages
    Good Essays
  • Better Essays

    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 daughters. John Emerson married Irene Sanford. In 1842, they all returned to St. Louis, Missouri. John Emerson died the next year. In 1846, Scotts sued Irene Emerson for their freedom. The Scott’s stay in free territories gave them the ability to sue for their freedom. However, they did not do this while they were living there (Dred Scott’s Fight).…

    • 844 Words
    • 4 Pages
    Better Essays