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By Alexander M. Barker
Dred Scott v. Sanford
Born as a slave in the late 1700sOwned by the Blow familyParents are unknownLived in Southampton County, VAMoved to Alabama; then Missouri, along with
Blow family
Dred Scott’s Early Life
https://hild2b.wordpress.com/category/uncategorized/page/3/
Robert Blow, Dred’s owner, died in the 1830sDred was bought by Dr. John EmersonEmerson was an army doctorHe took Dred to Illinois, Wisconsin, Louisiana,
and MissouriHe also took Dred to Fort Armstrong and Fort
Snelling
New Owner
http://becuo.com/dr-john-emerson-dred-scott
While at Fort Snelling, Dred met and fell in love with Harriet Robinson
She was a slave owned by another army doctor
They were soon wedOwnership of Harriet was transferred over to
Dr. EmersonThey later had two daughters, Eliza and Lizzie
Love for Dred
http://shs.umsystem.edu/historicmissourians/name/s/scotth/index.html
Dr. Emerson died in 1843In 1846, Dred attempted to buy the freedom
of he and his family from the doctor’s widowShe refused his offersHe took his case to the Circuit Court
Suing for Freedom
During he and his family’s time with Dr. Emerson, he had taken them to Illinois and the Wisconsin territory
These places both prohibited slaveryDred lived in Missouri at the time that he suedMissouri had a “once free, always free” policyThis policy said that any slave that spent time
in a free state at any point could sue for their freedom and win
His Argument
http://www.securityplanet.com/home-security-systems/illinois/ http://www.securityplanet.com/home-security-systems/
wisconsin
At first, Dred was not able to prove that Dr. Emerson had purchased him
He lost the first trial on a technicality because of this
Technicality
Dred made another attempt at winning his freedom through the Circuit Court
Two sons of Dred’s original owner, Peter Blow, testified that Dred had been bought by Dr. Emerson
Case was technically over in 1850In 1852, case was moved to Missouri Supreme
CourtDred and his family were technically free until
case in 1852
Another Attempt
http://blogs.dickinson.edu/hist-288pinsker/2012/02/13/dred-and-harriet-scott/
Case began in 1852Reversed the Circuit Court’s decision, making
Dred and his family slaves yet againDred brought the case before the U.S.
Supreme CourtHe hoped they would reverse the Missouri
Supreme Court’s decision
Missouri Supreme Court
Seven of nine justices had been appointed by pro-slavery presidents of Southern origin
Five were from slave-holding familiesAt first, it seemed likely that the Supreme
Court would simply throw the case outA previous case had given states the right to
treat their citizens as they see fitDred argued that he and Sandford were from
different statesCase was accepted
Supreme Court Prejudice
http://en.wikipedia.org/wiki/United_States_Supreme_Court_Building
Mrs. Emerson’s attorneys argued that slaves could only be set free with consent of their master
Mrs. Emerson’s attorneys also questioned constitutionality of Missouri Compromise
Dred continued to use the “only free, always free” policy and use the sons of his original owner as witnesses
Tactics
Chief Justice Roger B. Taney wrote the court’s majority opinion
The ruling specified that:Dred was not a U.S. citizenDred had no right to sue in a federal courtNo black could ever be a U.S. citizenNo black could “have rights that the white man were
bound to respect”The Missouri Compromise was unconstitutional and
had to done away with
Supreme Court Ruling
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Chief Justice Taney claimed that the Missouri Compromise broke the Fifth Amendment by taking away property without due process of law
Said that all blacks were property, so they could not be U.S. citizens or have rights
The Court’s Justification for the Ruling
Mrs. Emerson’s new abolitionist husband, Dr. Calvin Chaffee, transferred Dred and his family ownership to Taylor Blow
Taylor Blow set Dred and his family freeDred worked as a porter at Barnum’s Hotel, and
died a year later, in 1858Lizzie, Dred’s daughter, got marriedHarriet lived with Lizzie and her husband until her
death in 1876
Dred and His Family’s Life After the Case
https://www.gilderlehrman.org/community/tags/sectionalism
Contentment in South, because slavery was virtually secure
Outrage in North and WestAbolitionists were enraged and insulted the
Supreme CourtWesterners feared the spread of slavery would
disrupt their economic systemTension between pro-slavery advocates and
abolitionists dramatically increasedTo this day, the ruling is known as one of the most
controversial rulings in the history of the U.S. Supreme Court
Social Effects of Scott v. Sandford
Due to the Supreme Court’s ruling, Congress could no longer prevent slavery from spreading or remove it from places it had already been establishedThis put an end to peaceful means of ending
slaveryThe only option was violence
South Carolina succeeded in 1860, and the battle at Fort Sumter officially started the war that would end slavery
Decision of Dred Scott v. Sandford essentially made the Civil War inevitable
Civil War
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32a. The Dred Scott Decision. n.d. http://www.ushistory.org/us/32a.asp (accessed November 21, 2014).
Dred Scott. n.d. http://shs.umsystem.edu/historicmissourians/name/s/scottd/ (accessed November 21, 2014).
Dred Scott's Fight for Freedom 1846-1857. n.d. http://www.pbs.org/wgbh/aia/part4/4p2932.html (accessed November 21, 2014).
Kermit L. Hall, James W. Ely Jr. "Scott v. Sandford." In The Oxford Guide to United States Supreme Court Decisions, by James W. Ely Jr. Kermit L. Hall. Oxford University Press, 2009.
Missouri's Dred Scott Case, 1846-1857. n.d. https://www.sos.mo.gov/archives/resources/africanamerican/scott/scott.asp (accessed November 21, 2014).
References