Preview

The Dred Scott Case: Chief Justice Roger B. Taney

Good Essays
Open Document
Open Document
213 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Dred Scott Case: Chief Justice Roger B. Taney
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.

On March 6, 1857, Justice Taney stated that Dred Scott had no right to bring a law suit in Federal Court, because the Constitution only afforded that right to U.S. citizens. Since Scott was a slave, he was not a citizen. He went

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

    Some consider Dred Scott not a citizen. The question has also been raised about the constitutionality of the Missouri Compromise and whether it not infringes on an individual’s right to protect property which is written in the Fifth Amendment of the Constitution. What is considered a man or “men” in the Declaration of Independence is questioned and some justices ask if African Americans or those with slave roots are in the category of this people and if the equality guaranteed by the Declaration of Independence and the Natural and Common Laws granted by the Constitution is applicable to African American men . The consistent racist rulings by the states courts and eventually the federal court have led to the escalation of the Dred Scott case to the Supreme…

    • 1622 Words
    • 7 Pages
    Better 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 a African American slave born in Virginia in the year 1800. In the 1830s Scott and Harriet Robinson lived in Fort Snelling in the 1830s working as free people as slavery was outlawed in the area. He lived there with an army surgeon named Emerson and was paid an independent salary. When Emerson was reassigned to the south they Scotts moved to fort Jesup in Louisiana. But soon returned to Fort snelling. In 1846 the Scotts decided to sue for their freedom because they were denied the optioned to buy it by Emerson's widow. In 1853 they filed in federal court. After Dred was freed in St. Louis circuit court in 1857, the supreme court made a decision based on the Dred Scott case stating that African Americans were not citizens and…

    • 193 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    When Europeans began colonizing in the New World, there was a large amount of work to do and very few workers to get the job done. While there were indentured servants paying their way to America in exchange for work, it was not enough. To solve this problem, Dutch ships began loading Africans against their will onto a boat to be slaves in the New World. This later became known as the Atlantic Slave Trade. After the American Revolution, slavery became less and less profitable especially in the North. Once the cotton gin was invented, more labor to work the fields in the South was needed. This made the American economy dependent upon slavery. There was much debate about the ethics of slavery and many thought it to be wrong. In 1857, the United States Supreme Court case of “Dred Scott v. Sandford” took place that changed America as we know it. This case brought up the issues of slavery and the future of the US. It brought to light the important responsibility politicians have in making important decisions that can affect the future. A…

    • 1100 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Unfortunately, Scott lost in his first trial due to lack of evidence. Scott, determined to win his freedom, was given a chance for a second trial. His main argument against Sanford was Sanford’s violation of Scott’s Fifth Amendment rights. The Fifth Amendment states that a person’s life, liberty, or property cannot be taken away without due process of law. They were taking away Scott’s liberty, but he deserved to be free because he was taken to a free state. Although Scott won the second trial, his freedom was short-lived. Sanford’s sister, Mrs. Emerson, appealed the court’s decision leading to the case being brought to the Missouri Supreme Court. Sanford argued that Scott did not have rights as a US Citizen because he was a slave. As a slave owner, Sanford argued that slaves are a man’s property, and cannot be taken away…

    • 688 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Dred Scott vs Sanford was a very important political case and was one of the first case towards equal rights for everybody. Dred Scott was a slave from Missouri and he sued the state of Missouri for his freedom. In this time Missouri was a free state and therefore he stated that he could be free from slavery. Although he was free, the state of Missouri considered him property and could not be taken away from his owner. Not to mention Minorities in this time we're not considered citizens and couldn't have freedom if they were a slave.…

    • 278 Words
    • 2 Pages
    Satisfactory 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
  • Satisfactory Essays

    Sandford was issued, 11 long years after the initial suits. Seven of the nine judges agreed with the outcome delivered by Chief Justice Roger Taney, who announced that slaves were not citizens of the United States and therefore had no rights to sue in Federal courts: "... They had no rights which the white man was bound to…

    • 323 Words
    • 2 Pages
    Satisfactory 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
  • Satisfactory Essays

    In 1857, a slave named Dred Scott went to the north with his owner. While the two men got to the north the Scott’s owner died. From this Scott looked at himself as a free man. He even sued for freedom. He argued that if is owner died in a free territory that would make him a free man. Scott went to the Supreme Court to defend his freedom. The court ruled seven to two that Dred Scott was not a free man and he had to return to slavery. Scott grew with anger and still believed he should be free. The court’s decision was final and Scott was later forced back into slavery. During the Dred Scott case Chief Justice ruled that the Missouri Compromise was unconstitutional and he decided to abolish it.…

    • 134 Words
    • 1 Page
    Satisfactory 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

    Dred Scott v. Sanford

    • 925 Words
    • 4 Pages

    Being born into slavery meant that Dred Scott had been exchanged from owners to owners (Knappman 16-17). His first owner, the Blows, died, and before their death, they sold Scott to Dr. Emerson. Dr. Emerson soon gave Scott away to his wife’s brother, Sanford (Knappman 16-17). Scott tried to buy his freedom away from Dr. Emerson’s wife but she just wouldn’t accept (Dred Scott Decision 1). Since Scott moved from place to place as a slave, he was able to go to Illinois, which was a free state (Richie 40). Because of the Constitution, Scott used his rights to sue Sanford claiming that he was a free man (Richie 40). With this in mind, it lead to arguments about both parties, the prosecuted and the defendant.…

    • 925 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Viewing the actions of the Supreme Court, he concludes that the court continued the mistakes of the past. Marshall refers to the court's opinion in the Dread Scott case as an example of the continued ignorance of the legal system toward African Americans. Marshall explains that Chief Justice Taney accepted the notion that the founding fathers were flawless because he took their opinions as pure fact. " 'We think they are not, and that they are not included, and were not intended to be included....They had for more than a century before been regarded as beings of an inferior order' ". Marshall illustrates that Chief Justice Taney and the Supreme Court made their decision on the basis of historical precedence. Instead of reexamining the meaning of "all men are created equal" and the morality and depression of slavery, the Court purely reaffirmed the prevailing opinion of the Framers regarding the rights of Negroes in America, Marshall…

    • 924 Words
    • 4 Pages
    Good Essays