Preview

Dred Scott V. Sandford Essay

Better Essays
Open Document
Open Document
844 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Dred Scott V. Sandford Essay
Sonia E. Osorio
Amanda Turnbull
Ms. Miller
U.S. History I Enriched
25 February 2013 Dred Scott v. Sanford (1857) 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). 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). Dred Scott argued that he had been freed as a result of living with his master in the free state of Illinois and in federal territory. The Missouri Compromise forbade slavery there. In the slave states, slaves were considered valuable property; Mrs. Emerson did not want to lose the Scotts. Her main argument was that they were depriving her



Cited: "Dred Scott 's fight for freedom." PBS. 1995. PBS. 15 Feb. 2013 . "Dred Scott v. Sandford." FindLaw | Cases and Codes. 9 Jan. 1996. Thomson Reuters business.19 Feb. 2013 . Gavin, Philip. "The History Place - Abraham Lincoln: Dred Scott Decision." The History Place - Abraham Lincoln: Dred Scott Decision. 4 July 1996. Philip Gavin. 15 Feb. 2013 . Ryan, Joe. "The Dred Scott Decision." Dred Scott Decision. AmericanCivilWar.com. 15 Feb. 2013 . Stoddard, Jeremy, and John McLaughlin. "Landmark Cases of the U.S. Supreme Court." Background Summary & Questions. 1972. Street Law, Inc. 18 Feb. 2013 .

You May Also Find These Documents Helpful

  • Good Essays

    Warren Harvey Case Essay

    • 463 Words
    • 2 Pages

    On the morning of August 7, 1967, a 15-year-old schoolgirl, Linda Peacock, was found murdered in a cemetery in Biggar, near Edinburgh, Scotland. She had been struck with a blunt object and strangled with a rope. Her clothes were disturbed but she had not been raped. However, there was clear evidence of sexual motive for her attack as there was a bite mark on her right breast, which was an oval shape bruise that showed certain irregularities of the dentition, including pitting of the canine biting edges.…

    • 463 Words
    • 2 Pages
    Good Essays
  • 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
  • Good Essays

    . The Missouri Supreme Court decided that case should be retried. In an 1850 retrial, the St Louis circuit court ruled that Scott and his family were free.3.…

    • 617 Words
    • 3 Pages
    Good 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
  • Satisfactory Essays

    In 2011 Lafler V. Cooper was a case where Cooper was being charged with assault with intent to murder and three other offenses for shooting a woman in the thigh and buttocks after missing a shot in her head. In criminal court they offered to dismiss two of the charges and to recommend a 51-85 month sentence on the other two in exchange for a guilty plea. After entering the guilty plea, he then rejected the offer after his lawyer told him that the prosecution would be unable to establish intent to murder because the victim had been shot below the waist. Criminal…

    • 519 Words
    • 3 Pages
    Satisfactory 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

    Since Dr. Emerson was a surgeon for the United States army, it required him to move around frequently in which he took his slaves along with him. At the time there was a law under the Missouri Compromise of 1820 that “once free, always free” which meant “if a slave, whether white or black, had ever become free for any reason, such as living for a time in a free territory, he was essentially emancipated"(Kohlenberger 1). To be emancipated means to be free from any legal restriction. Then there is the question: Why was Dred Scott not granted his freedom immediately? He was most likely not aware of this law at the time which takes us back to Learning to Read by Frederick Douglass and how “education and slavery were incompatible with each other” (Douglass 347). Slaves have all the right to know about laws that provide a chance to freedom for them however they are unfortunately not given the opportunity to receive that sort of education and awareness. April 6, 1846 Dred and Harriet Scott filed a petition for their freedom, separately since slave marriages were not recognized at the…

    • 1126 Words
    • 5 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
  • Better Essays

    In Revisiting Dred Scott: Prudence, Providence, and the Limits of Constitutional Statesmanship, Justin Buckley Dyer argues “According to the opinion written by Chief Justice Roger Taney, African slaves and their descendants were not, and could never become, citizens of the United States,”1 rejecting that President Abraham Lincoln meant any less, when he “declared Taney’s opinion to be ‘erroneous”2 could endure modern scrutiny. During the framing and development of the early American United States, slavery and its transition into legalized freedom constantly challenged its opponents…

    • 1085 Words
    • 5 Pages
    Better 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

    On the off chance that Scott was not a U.S. Native, he couldn't sue in federal court, and the case would along these lines have been improvidently conceded. Be that as it may, Taney was resolved to force a legal arrangement on the subjection debate. Albeit later courts would embrace the arrangement of choosing constitutional inquiries on the tightest conceivable grounds, the pre-civil war courts regularly chose all issues that could bolster their decisions. Accordingly Taney kept, holding that Scott had never been free and that congress had truth be told surpassed its power in the Missouri compromise since it had no energy to disallow or cancel subjection in the domains. The Missouri compromise, which had served as the acknowledged constitutional settlement for about four decades, in this manner, fell. Indeed, even the tenet of "prevalent sway" as explained in the Kansas-Nebraska act, whereby the general population of every federal domain would have the ability to choose whether the region would enter the union as a free or a slave state—needed constitutional authenticity, as indicated by Taney. He in this way voided the standards of free soil, regional power, and for sure every part of abolitionist constitutional…

    • 791 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Recently an enslaved man, named Dred Scott, has sued for his freedom. Scott is the slave of a U.S. Army Surgeon, Dr. John Emerson. Emerson first acquired Scott from a man named Peter Blow, and then proceeded to move to Fort Armstrong in Illinois, which we all know is a free state. From there, Dr. Emerson moved Scott to Fort Snelling, located in the Wisconsin Territory. During his stay there, Scott married Harriet Robinson, which would have been unnecessary if he was a slave. Then, in 1843, Dr. John Emerson passed away in the Iowa Territory. After his death, Dr. Emerson’s widow, Irene continued to lease out the Scott family as hired slaves. Three years later, in 1846, Scott offered $300 for his family’s freedom, but Irene refused. After his…

    • 245 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Dred Scott was a person that sued for his freedom. In 1847 Dred Scott first went to trial to sue for his freedom. Ten years after the case was brought before the United States Supreme Court the Court decided that all people of African Ancestry slaves as well as all free slave could never become a citizen of the United States. they couldn't sue in federal Court and The United States Supreme Court also ruled that the federal Court did not have the power to permit slavery in its territories.…

    • 545 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    A male prisoner contends that California's refusal to allow male inmates to apply to the ACP violates the Equal Protection Clause of the Fourteenth Amendment. William Sassman is a male prisoner in the California Department of Corrections (CDCR). He applies for the Alternative Custody Program (ACP), which allows low-level offenders to reunite with their families early. Sassman, a father of two and a mother dying of colon cancer applies for ACP. He is denied by the CDCR solely on the fact that he is male. Jerry Brown writes this discrimination into law. Sassman files a lawsuit. Sassman v. Brown, 73 F. Supp. 3d 1241 (2015). Gay Grunfeld of Rosen Bien Galvan & Grunfeld LLP, lead counsel for the plaintiff states that, “Denying men the opportunity to reunite with their families entrenches harmful gender stereotypes suggesting that only women can be caregivers, and harms children by preventing them from re-establishing and furthering their relationships with their fathers.…

    • 236 Words
    • 1 Page
    Good Essays
  • Good Essays

    The Scottsboro boys, and the case as a whole, divided America further in many aspects. During the time of the event, the Jim Crow laws were still in place, the Ku Klux Klan was present, and the Great Depression had just recently occurred. As a result of the Great Depression, “hobos” because more plentiful and many people were unemployed. When this event occurred, and was publicized internationally, I believe it exposed the true condition of America after the depression, and intensified the stringent division between the Northern and Southern parts of the United States socially, politically, religiously, and, most famed, racially. Not only did it reveal the conditions of the post-Great Depression it also showed the extreme discrimination still…

    • 828 Words
    • 4 Pages
    Good Essays