Dred Scott v. J. A. Sanford

(1857)

Who was Dred Scott? Events Affecting Dred Scott’s fate Timeline of Events The Two Sides of the Issue The Decision of the Supreme Court The Supreme Court also Ruled The Missouri Compromise Missouri Compromise Map The Spread of Slavery in the United States The Impact of the Decision Did the Supreme Court get it Right?

Table of Contents

Dred Scott was an African American slave born in the

early 1800’s. He was owned by Dr. John Emerson, a physician in the US Army until Dr. Emerson’s death.

Married a fellow slave, Harriett Robinson. They hade two children Eliza and Lizzie.

After Dr. Emerson died, he became property of Mr. John Sanford until Scott’s death on September 18, 1858.

The abolitionist brought suite on behalf of Mr. Scott seeking a ruling for his freedom from slavery.

Who was Dred Scott?

As an officer of the Army, Dr Emerson was often ordered to

move about the country taking with him his “property,” Dred Scott.

Dred Scott, was taken from the slave state of Missouri to the free state of Illinois and then to the free territory of Wisconsin. He lived on free soil for a long period of time.

When the Army ordered his master to go back to Missouri, he took Scott with him back to that slave state, where his master died.

In 1846, Scott was helped by Abolitionist (anti-slavery) lawyers to sue for his freedom in court, claiming he should be free since he had lived on free soil for a long time.

Events Affecting Dred Scott’s Fate

Emerson is stationed

in Missouri – A Slave

State

Emerson is transferred to Illinois –

A Non-Slave State

Emerson is transferred

to Wisconsin –

A Non-Slave State

Emerson is transferred back to Missouri – A Slave StateHe passes away shortly after.

Timeline of Events

The Two Sides of the Issue

Dred Scott’s Arguments Lived as a slave at first. Moved to two free states

where he lived a long time as a non slave.

He considered himself to be a free man. He moved back to a slave state.

His owner passed away, therefore he does not have an owner

US Supreme Court Dred Scott was not a US

Citizen because he was a slave.

Slaves are considered property with no citizen rights.

Congress has no right to control a person’s property.

Dred Scott was still considered to be a slave

The Decision of the Supreme Court

In March of 1857, Scott lost the decision as seven out of nine Justices on the Supreme Court declared no slave or descendant of a slave could be a U.S. citizen, or ever had been a U.S. citizen.

As a non-citizen, the court stated, Scott had no rights and could not sue in a Federal Court and must remain a slave.

The Supreme Court also ruled…

The Supreme Court also ruled that Congress could not stop slavery in the newly emerging territories and declared the Missouri Compromise of 1820 to be unconstitutional.

The Missouri Compromise prohibited slavery north of the parallel 36°30´ in the Louisiana Purchase.

The Court declared it violated the Fifth Amendment of the Constitution which prohibits Congress from depriving persons of their property without due process of law.

The Missouri Compromise was passed in

1820 under the presidency of James Monroe and between the pro slavery and anti-slavery factions in the United States Congress, involving primarily the regulation of slavery in the western territories.

It prohibited slavery in the former Louisiana Territory north of the parallel 36°30′ north except within the boundaries of the proposed state of Missouri.

The Missouri Compromise

Missouri Compromise Map

Spread of Slaveryin the United States

The Impact of the Decision

The decision would prove to be an indirect catalyst for the American Civil War.

How might this event have contributed to the start of the Civil War?

Did the Supreme Court Get it Right?

This case is about slaves being regarded as the property of others.

Define “property.” How does that apply to persons in this case?

Think about the law. Think about the arguments. What would your decision be? How might this event have contributed to the

start of the Civil War?