An analysis of the dred scott case in american court history

But he argued that state citizenship had nothing to do with national citizenship and that African Americans could not sue in federal court because they could not be citizens of the United States.

dred scott v. sandford pdf

He had secured counsel for his sister in the state case, and he engaged the same lawyer for his own defense in the federal case. In Emerson undertook a series of moves as part of his service in the U.

Charless signed the legal documents as security for Dred Scott and secured the services of the bank's attorney, Samuel Mansfield Bay, for the trial.

Landmark cases dred scott

Chief Justice Roger B. When popular sovereignty was applied in Kansas in , however, violence erupted. His primary rationale for the decision was his claim that black African slaves and their descendants were never intended to be part of the American social and political landscape. Emerson married in , and in the early s he and his wife returned with the Scotts to Missouri, where Emerson died in Emerson's executor, as he was never appointed by a probate court, and the Emerson estate had already been settled by the time the federal case was filed. Library of Congress, ng. Harriet died on June 17, Due to a major fire, a cholera epidemic, and two continuances , the new trial did not begin until January Chief Justice William Scott declared: Times are not now as they were when the former decisions on this subject were made. The voice of the Supreme Court has gone out over the troubled waves of the National Conscience During this period, Scott met and married Harriet Robinson, who became part of the Emerson household. Nelson concurred in the ruling but not in its reasoning, and McLean and Curtis dissented.

Scott's lawyers argued the same for Scott's wife, and further claimed that Eliza Scott's birth on a steamboat between a free state and a free territory had made her free upon birth. Since then not only individuals but States have been possessed with a dark and fell spirit in relation to slavery, whose gratification is sought in the pursuit of measures, whose inevitable consequences must be the overthrow and destruction of our government.

On the contrary, they were at that time [of America's founding] considered as a subordinate and inferior class of beings who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them.

He ignored precedent, distorted history, imposed a rigid rather than a flexible construction on the Constitutionignored specific grants of power in the Constitution, and tortured meanings out of other, more-obscure clauses. Under such circumstances it does not behoove the State of Missouri to show the least countenance to any measure which might gratify this spirit.

Field suggested the transfer to Chaffee as the most convenient way of freeing Scott, as Missouri law required manumitters to appear in person before the court.

Louis on the grounds that their residence in a free state and a free territory had freed them from the bonds of slavery. She is willing to assume her full responsibility for the existence of slavery within her limits, nor does she seek to share or divide it with others.

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