Preview

DRED SCOTT V. Sandfrid 1856

Good Essays
Open Document
Open Document
1377 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
DRED SCOTT V. Sandfrid 1856
United States Supreme Court

DRED SCOTT v. SANDFORD, (1856)

No. 38

Argued: Decided: December 1, 1856 [60 U.S. 393, 396] THIS case was brought up, by writ of error, from the Circuit Court of the United States for the district of Missouri.

It was an action of trespass vi et armis instituted in the Circuit Court by Scott against Sandford.

Prior to the institution of the present suit, an action was brought by Scott for his freedom in the Circuit Court of St. Louis county, (State court,) where there was a verdict and judgment in his favor. On a writ of error to the Supreme Court of the State, the judgment below was reversed, and the case remanded to the Circuit Court, where it was continued to await the decision of the case now in question.

The declaration of Scott contained three counts: one, that Sandford had assaulted the plaintiff; one, that he had assaulted Harriet Scott, his wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his children.

Sandford appeared, and filed the following plea:

DRED SCOTT
v.
JOHN F. A. SANDFORD.

Plea to the Jurisdiction of the Court.

APRIL TERM, 1854.

And the said John F. A. Sandford, in his own proper person, comes and says that this court ought not to have or take further cognizance of the action
…show more content…
393, 399] said Dred Scott, and Eliza and Lizzie, the daughters of the said Dred Scott, were negro slaves, the lawful property of the

You May Also Find These Documents Helpful

  • Good Essays

    Unit 5 Apush study guide

    • 747 Words
    • 3 Pages

    2. In its decision in the case of dred scott v. Sanford, the supreme court held that…

    • 747 Words
    • 3 Pages
    Good Essays
  • 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
  • Good Essays

    . Because Scott was black, he was not a citizen and therefore had no right to sue3.…

    • 617 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
  • Satisfactory Essays

    Dred Scott was born into slavery sometime in 1795, in Southampton County, Virginia. His actions helped him become a big part in how he shaped the court and slavery. When Dred scott was brought into free states while he was a slave he thought it to be wrong because they were free states. Dred scott argued they should restrict(to confine or keep within limits, as of space, action, choice, intensity, or quantity) the entrance of slave owners into free states if they have slaves with them, or that the slaves should be free if they enter a free state. This topic(a subject of conversation or discussion) made it up to the supreme court where Roger B. Taney(Chief justice of the supreme court) said that Dred Scott did not have any right to bring his…

    • 183 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Case Study Questions

    • 328 Words
    • 2 Pages

    3. The passage above also discusses one court case. Who were the parties involved in the case?…

    • 328 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Emerson’s widow. The next year the Missouri Supreme Court Decide to retried the case. In an 1850 retrial the St. Louis court ruled that Scott and his family were free.” Two years later the Missouri Supreme Court stepped in again, reversing their decision.Scott and his lawyer the brought the case to to federal court. “In 1854, the circuit court upheld the decision of the Missouri Supreme Court.” “After losing again in the federal district court, they went to the Supreme court in Dred Scott v.s Sandford.”(Wikipedia) Dred Scott had an argument that since he was in Illinois on free soil he should become a free citizen.” (Wikipedia) Scott claimed that him and John Sanford, who lived in New York, were citizens from different states. “The justices of the Supreme Court were biased regarding slavery. Seven of them had been appointed by pro slavery presidents, and five were families the owned slaves.”…

    • 1060 Words
    • 5 Pages
    Good Essays
  • Good Essays

    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,…

    • 300 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Dred Scott earned his freedom after his first slave owner Peter Blow had passed away. After his first owner died, Scott spent time in two free states working for several subsequent owners. Shortly after he married Harriet Robinson, he tried to buy freedom for himself and his wife him and their four children but failed, where finally in Missouri he took legal action. He argued that although he served other families than the Blow’s he had served them in free states therefore making him a free man, which became the basis for his legal battles. The series of court rulings began in 1846. Dred Scott lost in his first law suit in a local St. Louis district court, which he then later appealed and won the second trial. But the final decision of the second trail was decided to be over turned to the Missouri Supreme court. The…

    • 773 Words
    • 4 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
  • Powerful Essays

    In the Dred Scott v. Sandford case, the Supreme Court decided the African people, whether free or slave, were not considered American citizens, and didn’t have the right to sue someone in federal court. During this case, the Court ruled that Congress didn’t have the power to ban slavery in territories. They also declared that the rights of slaveowners were protected by the Fifth Amendment in the Constitution. This is because slaves in their times were not considered people, they were considered as property.…

    • 891 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    In 1847, the St. Louis courthouse ruled against Scott but he was given the right to a second trial. In 1850, in the second trial, the jury decided that the Scotts should be freed. Mrs. Emerson did not want to lose the Scotts, so she appealed her case to the Missouri State Supreme Court. The Missouri State Supreme Court reversed the decision in 1852. In St. Louis Federal Court, Dred Scott sued Mrs. Emerson’s brother, John Sanford. The Court ruled in favor of Sanford. Dred Scott appealed to the U.S. Supreme Court (Dred Scott’s Fight).…

    • 844 Words
    • 4 Pages
    Better Essays
  • Good Essays

    The Dred Scott Decision

    • 445 Words
    • 2 Pages

    Have you heard of the African American slave Dred Scott? Dred Scott had a wife and two daughters, who were all slaves too. Maybe you have heard of the Dred Vs. Sanford. Dred Scott fought for his freedom in court, the case was called the Dred Scott Decision. Dred Scott was an African American Slave who fought for the freedom of himself and others.…

    • 445 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Habeas Corpus

    • 1523 Words
    • 7 Pages

    D., (Oct 1861), Writ of Habeas Corpus, The American Law Register (1852-1891) Vol. 9: No 1…

    • 1523 Words
    • 7 Pages
    Better Essays