Preview

Dred Scott vs John Sandford (the United States)

Good Essays
Open Document
Open Document
638 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Dred Scott vs John Sandford (the United States)
The Scott vs. Sandford case was an extremely historical event in the United States because this was the first time a slave tried to sue his owner for his freedom. Like every other court case in the U.S. there was the Defendant, the Plaintiff, and the Judge. The issue was brought to court by the plaintiff, Dred Scott, a slave with a wife and two daughters, who argued that his service for his first owner, Dr. Emerson, in Illinois, a state from which slavery has been excluded by the Missouri Compromise, made him a free man with full rights as any other American citizen. But Dred didn’t stay in Illinois, he returned with his owner, Dr. Emerson, to Missouri where Plaintiff was sold to Sandford, the defendant in this case. Dred sued Sandford for his freedom, claiming to be a citizen of the United States. John Sandford, a slave owner in the 1800’s was also accused of beating his slave family for no reason and depriving Dred and his family of their liberty; Dred considering himself a citizen of the United States. The third important person in this case was the Chief Justice, which was judge Roger B. Taney. Both sides had laws to back their sides. Missouri for example has laws banning slavery in their state, so Dred Scott is basing his case on that fact. He also sued the United States for his freedom, claiming to be a citizen of Missouri, based on having obtained freedom by living there, in a free state, for a long period of time. In court, Sandford which was represented by The United States, denied the violent actions and said that he did not beat his slaves he just handled them in a firm but gentle way. He also argued Dred is still a slave because he was born and bought in the south and was considered property. Since he was moved as property to the North his status of property couldn't change. Another problem Dred had to face because he was considered property was the fact that he couldn’t bring issues to court. Based on the way they were thinking back

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

    In the years leading up to the Civil War, the constitution did not provide a clear answer for deciding whether or not a slave had the same rights as a person. The federal government faced a divided country, and passed laws enforcing the return of slaves to their owner’s states, such as the Fugitive Slave Act. Contradicting this were “personal liberty laws,” which allowed states to decide who would be considered a person in their territory. However, both the Fugitive Slave Act and “personal liberty laws” were challenged in the Dred Scott v. Sanford case. The ambiguity of the constitution would lead to a four-year-long war between the Northern and Southern states.…

    • 233 Words
    • 1 Page
    Good Essays
  • Good Essays

    It started when the court decided that all blacks could never become citizens of the United States. The people in the case was Dred Scott a slave who lived in Illinois and the free territory of Wisconsin before moving to Missouri the slave state…

    • 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
  • Satisfactory Essays

    Freedom suits took place in 176 in Ispwich, Massachusetts when a black person named Jenny Slew felt that freedom was being restricted. Therefore, Spinster Slew file a suits against their master John Whipple because it was only righteous that his family was entitle to freedom and Slew’s wanted to claim what was rightful theirs. Subsequently, to what John Whipple believe the Judge granted the Slew’s their freedom and gave them a suffice winnings for negros in those times.…

    • 257 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Theses: Harper Lee used the Tom Robinson character to prove the injustice of the Scottsboro Trail.…

    • 258 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Dred Scott decision would directly affect her, because of the fact that the decision was still valid, and she, along with all the other slaves, weren’t protected by the U.S. Constitution, and were not considered U.S. citizens. This ruled out any argument that John Jameson, and the rest of her defense, would come up with arguing her constitutional rights. Instead, they brought up things like, how it would’ve been possible for her to kill a man of…

    • 688 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Dred Scott Vs Sanford

    • 330 Words
    • 2 Pages

    The Supreme Court first heard the case of Dred Scott vs. Sanford in 1857. Dred Scott was a slave who lived in Missouri with his owner. His owner took him to Illinois and Minnesota, two states that prohibited slavery. After the owner died, Scott proclaimed himself a free man and his family free due to the fact that he had resided on “free soil” for several years and that his four children had also been born on “free soil”. He sued the man’s widow and won and lost his case in several courts over an 11 year period. At this point in history, the Missouri Compromise had been in effect for about 40 years, but was never officially ruled on by the Supreme Court. Many Southerners were hoping that the Compromise be ruled unconstitutional due to the…

    • 330 Words
    • 2 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 case had been considered the most famous rape case of the century, as it had been one of the longest occurring case for individuals who were blatantly innocent. According to legal procedure in a case which is as serious as the current situation, it is necessary to allow time to elapse before initiating and trying the accused between indictment and trial, but as many wanted, they had gotten their speedy trial through increased public pressure (Gist, 1968). This shows how much of an impact society has on as the case was sped up to two weeks from the first accusation to the beginning of the trial. The reason in which the trial had remained on the front pages of American and foreign newspapers and became so well known was due to the great number of repercussions and protests in Germany, Moscow and America. The Scottsboro trial had sparked several great changes and impacted future trials as black press had taken the lead in exposing false rape accusations, no black jury was a reason for re-trial, and the right to a defence council (Freedman, 2013). The basic rules, which must be instilled in society existed, but was not used in trials for the people of colour. The case challenged the deep association of black men being a sexual threat and the expectation that as black men they would be killed when charged with rape. An example of such cases is Jesse Hullins, who had been convicted of rape of a white woman and sentenced to death (Freedman, 2013). The National Association for the Advancement of Coloured People (NAACP) had raised funds to aid in the trial of Jesse who had claimed to have a consensual relationship with her. The verdict had been re-evaluated due to the reasoning that there were no blacks on the jury. NAACP had raised…

    • 5863 Words
    • 24 Pages
    Good Essays
  • Good Essays

    The Supreme Court of the United States rendered its choice, deciding that Dred Scott was as yet a slave in March of 1857. Much more disputably, the Court decided that the Missouri Compromise was illegal; that all blacks, free or oppressed, would never be United States subjects, and that Congress did not have the privilege to choose the bondage question in the regions. This stacked choice, which should settle the servitude question for the last time and all the more significantly relieve the country's developing sectional emergency, wound up making more strain in the nation between the North and South. The response to the choice changed by district and political gathering, with it being scrutinized by northerners and Republicans, and commended by southerners and…

    • 168 Words
    • 1 Page
    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
  • Good Essays

    The Scottsboro Boys case was a controversial case which took place in 1931, wherein nine boys were accused of raping two white girls while on a freight train heading to Memphis, Tennessee from Chattanoogaon, on March 25, 1931. It was one of the most important cases in American history that had much to do with racism in the South. This case grew quickly partly because of a growing American Communists movement taking place during that time. The party thought that they could publicize their ideas of opposing racism and racial segregation and fighting for integration in workplaces during the height of the Jim Crow period of the U.S. by supporting this case. These boys were really poor so they couldn’t afford a good lawyer, but the Communists gathered up some cash and assigned Samuel Leibowitz, the second best lawyer in America during that time, to stand up for the nine black boys in this insidious accusation of rape.…

    • 432 Words
    • 2 Pages
    Good Essays