The Dred Scott Decision
Dred Scott v. Sandford
Essential Question: What is the significance of the Dred Scott case?
Circumstances of the Case
Dred Scott was a Missouri slave who was sold to Army surgeon John Emerson in Saint Louis around 1833. Scott was taken to Illinois, a free State, and on to the free Wisconsin Territory before returning to Missouri. When Emerson died in 1843, Scott sued Emerson's widow for his freedom in the Missouri supreme court, claiming that his residence in the “free soil” of Illinois made him a free man. After defeat in State courts, Scott brought suit in a local federal court. Eleven years after Scott's initial suit, the case came before the U.S. Supreme Court.
Constitutional Issues
Did a slave become free upon entering a free State? Could a slave actually be entitled to sue in federal courts? Was the transportation of slaves subject to federal regulation? Could the Federal Government deny a citizen the right to property (interstate transportation of slaves/property) without due process of law? Could an item of property (a slave) be taken from the owner without just compensation? And finally, was the Missouri Compromise a valid and constitutional action of the National Government? Could Congress prohibit slavery in a territory or delegate that power to a territory's legislature?
Arguments
For Dred Scott: When a person enters a free State or territory, the free status overrides the previous condition of servitude. Since slavery was forbidden in the free States and territories by federal and State laws, Dred Scott became free when he entered Illinois and Wisconsin.
For Sandford: To deprive a person of property (in this case, Dred Scott) without due process or just compensation violated the 5th Amendment, which states that “No person shall be… deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Dred Scott was still a slave and no master's property rights could be limited or taken away by a State or federal law.
Decision and Rationale
The Court decided 7-2 in favor of the slave owner. Every justice submitted an individual opinion justifying his position, with Chief Justice Taney's being the most influential.
According to Taney, African Americans, be they slave or free, were not citizens. As a slave, moreover, Scott was property and had no right to bring suit in federal courts. “In regard to the issue of Scott's becoming free when he moved to the free State of Illinois,” Taney wrote, “the laws of the State in which the petitioner was currently resident, namely the slave State of Missouri, should apply.”
Of far more serious consequence, the Court also struck down the Missouri Compromise as unconstitutional, because it deprived property owners (slave owners) of the right to take their property anywhere in the United States, thus “depriving them of life, liberty and property under the 5th Amendment.” Any line, or law, that limited the right of slave owners to utilize their property was unconstitutional. This decision would issue a harsh blow to the abolitionist movement and cause further tension between North and South.
Notes Questions:
1. Why did Dred Scott sue for his freedom?
2. What did the court rule?
3. What impact did the Dred Scott decision have on the country?
Summary
What is the significance of the Dred Scott case?
Dred Scott was a Missouri slave who was sold to Army surgeon John Emerson in Saint Louis around 1833. Scott was taken to Illinois, a free State, and on to the free Wisconsin Territory before returning to Missouri. When Emerson died in 1843, Scott sued Emerson's widow for his freedom in the Missouri supreme court, claiming that his residence in the “free soil” of Illinois made him a free man. After defeat in State courts, Scott brought suit in a local federal court. Eleven years after Scott's initial suit, the case came before the U.S. Supreme Court.
Constitutional Issues
Did a slave become free upon entering a free State? Could a slave actually be entitled to sue in federal courts? Was the transportation of slaves subject to federal regulation? Could the Federal Government deny a citizen the right to property (interstate transportation of slaves/property) without due process of law? Could an item of property (a slave) be taken from the owner without just compensation? And finally, was the Missouri Compromise a valid and constitutional action of the National Government? Could Congress prohibit slavery in a territory or delegate that power to a territory's legislature?
Arguments
For Dred Scott: When a person enters a free State or territory, the free status overrides the previous condition of servitude. Since slavery was forbidden in the free States and territories by federal and State laws, Dred Scott became free when he entered Illinois and Wisconsin.
For Sandford: To deprive a person of property (in this case, Dred Scott) without due process or just compensation violated the 5th Amendment, which states that “No person shall be… deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Dred Scott was still a slave and no master's property rights could be limited or taken away by a State or federal law.
Decision and Rationale
The Court decided 7-2 in favor of the slave owner. Every justice submitted an individual opinion justifying his position, with Chief Justice Taney's being the most influential.
According to Taney, African Americans, be they slave or free, were not citizens. As a slave, moreover, Scott was property and had no right to bring suit in federal courts. “In regard to the issue of Scott's becoming free when he moved to the free State of Illinois,” Taney wrote, “the laws of the State in which the petitioner was currently resident, namely the slave State of Missouri, should apply.”
Of far more serious consequence, the Court also struck down the Missouri Compromise as unconstitutional, because it deprived property owners (slave owners) of the right to take their property anywhere in the United States, thus “depriving them of life, liberty and property under the 5th Amendment.” Any line, or law, that limited the right of slave owners to utilize their property was unconstitutional. This decision would issue a harsh blow to the abolitionist movement and cause further tension between North and South.
Notes Questions:
1. Why did Dred Scott sue for his freedom?
2. What did the court rule?
3. What impact did the Dred Scott decision have on the country?
Summary
What is the significance of the Dred Scott case?