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Encyclopedia > Dred Scott v. Sandford
Scott v. Sandford
Supreme Court of the United States
Argued February 11 – 14, 1856
Reargued February 15 – 18, 1857
Decided March 6, 1857
Full case name: Dred Scott v. John F. A. Sandford[1]
Citations: 60 U.S. 393; 60 U.S. (19 How.) 393; 15 L. Ed. 691; 1856 WL 8721; 1857 U.S. LEXIS 472
Prior history: Judgment for defendants, C.C. Mo.
Subsequent history: None
Holding
States do not have the right to claim an individual’s property that was fairly theirs in another state. Property cannot cease to exist as a result of changing jurisdiction. The majority decision held that Africans residing in America, whether free or slave, could not become United States citizens and the plaintiff therefore lacked the capacity to file a lawsuit. Furthermore, the parts of the Missouri Compromise creating free territories were unconstitutional because Congress had no authority to abolish slavery in federal territories. Judgment of Circuit Court for the District of Missouri reversed and dismissed for lack of jurisdiction.
Court membership
Chief Justice: Roger B. Taney
Associate Justices: John McLean, James Moore Wayne, John Catron, Peter Vivian Daniel, Samuel Nelson, Robert C. Grier, Benjamin R. Curtis, John A. Campbell
Case opinions
Majority by: Taney
Joined by: Wayne, Grier, Daniel, Campbell, Catron
Concurrence by: Wayne
Concurrence by: Grier
Concurrence by: Daniel
Concurrence by: Campbell
Concurrence by: Catron
Concurrence by: Nelson
Dissent by: Curtis
Dissent by: McLean
Laws applied
U.S. Const. amend. V; Missouri Compromise
Superseded by
U.S. Const. amends. XIII, XIV

Dred Scott v. Sandford,[1] 60 U.S. (19 How.) 393 (1857), was a decision by the United States Supreme Court that ruled that people of African descent imported into the United States and held as slaves, or their descendants[2]—whether or not they were slaves—could never be citizens of the United States, and that the United States Congress had no authority to prohibit slavery in federal territories. The Court also ruled that slaves could not sue in court, and that slaves—as chattel or private property—could not be taken away from their owners without due process. The Court in the Dred Scott decision sided with border ruffians in the Bleeding Kansas dispute who were afraid a free Kansas would be a haven for runaway slaves from Missouri. The Supreme Court's decision was written by Chief Justice Roger B. Taney. Image File history File links Question_book-3. ... Image File history File links No higher resolution available. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... Benjamin Chew Howard (November 5, 1791–March 6, 1872) was an American congressman and the fifth reporter of decisions of the United States Supreme Court, serving from 1843 to 1861. ... The United States Courts of Appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ... Roger Brooke Taney (March 17, 1777 – October 12, 1864) was the fifth Chief Justice of the United States, from 1836 until his death in 1864, and the first Roman Catholic to hold that office. ... John McLean (March 11, 1785 – April 4, 1861) was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice on the Ohio and U.S. Supreme Courts. ... Justice Wayne, in an 1855 photograph by Matthew Brady James Moore Wayne (1790 - July 5, 1867) was an Associate Justice of the U.S. Supreme Court and a member of the U.S. House of Representatives from Georgia. ... John Catron (January 7, 1786-May 30, 1865) was an American jurist who served as a Supreme Court justice from 1837 to 1865. ... Peter Vivian Daniel (April 24, 1784-May 31, 1860), was an American jurist. ... Samuel Nelson (10 November 1792 - 13 December 1873) was an American attorney and U.S. Supreme Court justice. ... Robert Cooper Grier (March 5, 1794-September 25, 1870), was an American jurist. ... Benjamin Robbins Curtis (4 November 1809 - 15 September 1874) was an American attorney and United States Supreme Court Justice. ... John Archibald Campbell (June 24, 1811-March 12, 1889), was an American jurist. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... The United States in 1820. ... Amendment XIII in the National Archives The Thirteenth Amendment to the United States Constitution officially abolished, and continues to prohibit slavery and, with limited exceptions (those convicted of a crime), prohibits involuntary servitude. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... This article or section is in need of attention from an expert on the subject. ... The word citizen may refer to: A person with a citizenship Citizen Watch Co. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... These are historic regions of the United States, meaning regions that were legal entities in the past, or which the average modern American would no longer immediately recognize as a regional description. ... In law, standing or locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged. ... Personal property is a type of property. ... In U.S. history, Border Ruffians were pro-slavery sympathizers who infiltrated into Kansas from the slave state of Missouri in the 1850s to harass abolitionists and others who desired Kansas to be admitted to the Union as a free state (one in which slavery was forbidden). ... Bleeding Kansas, sometimes referred to in history as Bloody Kansas or the Border War, was a series of violent events, involving Free-Staters (anti-slavery) and pro-slavery Border Ruffian elements, that took place in the Kansas Territory and the western frontier towns of the U.S. state of Missouri... This article is about the U.S. state. ... This article is about the U.S. state. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... Roger Brooke Taney (March 17, 1777 – October 12, 1864) was the fifth Chief Justice of the United States, from 1836 until his death in 1864, and the first Roman Catholic to hold that office. ...


Dred Scott was indirectly overruled in the Slaughter-house cases, which noted that Dred Scott's holding was superseded by the passage of the Thirteenth Amendment to the United States Constitution in 1865, which abolished slavery, and the Fourteenth Amendment in 1868, which guaranteed full rights and citizenship regardless of race. Though it is sometimes said that Dred Scott was never officially overruled, the Slaughter-house cases in fact explicitly overrule it: Holding The 14th Amendment does not protect the privileges and immunities of state citizenship, only national citizenship. ... Amendment XIII in the National Archives The Thirteenth Amendment to the United States Constitution officially abolished, and continues to prohibit slavery and, with limited exceptions (those convicted of a crime), prohibits involuntary servitude. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... Holding The 14th Amendment does not protect the privileges and immunities of state citizenship, only national citizenship. ...

The first observation we have to make on this clause is, that it puts at rest both the questions which we stated to have been the subject of differences of opinion. It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States.[3][4]

Contents

Background

Portrait of Dred Scott
Portrait of Dred Scott
Events leading to
the US Civil War
Northwest Ordinance
Missouri Compromise
Nullification Crisis
Wilmot Proviso
Compromise of 1850
Kansas-Nebraska Act
"Bleeding Kansas"
Dred Scott Decision
Lincoln-Douglas
Debates
John Brown's Raid
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Scott traveled with his master, Dr. John Emerson, who was in the army and was often transferred. Scott's extended stay with his master in Illinois, a free state, gave him the legal standing to make a claim for freedom, as did his extended stay at Fort Snelling, Minnesota, then part of the Wisconsin Territory, where slavery was also prohibited. In October 1837, Emerson was moved to St. Louis, Missouri but left Scott and Scott's wife behind for several months, hiring them out. Hiring out Scott constituted slavery, which was illegal under the Missouri Compromise, the Wisconsin Enabling Act, and the Northwest Ordinance. Image File history File links Download high resolution version (640x730, 58 KB) Dred Scott, plaintiff in the infamous en:Dred Scott v. ... Image File history File links Download high resolution version (640x730, 58 KB) Dred Scott, plaintiff in the infamous en:Dred Scott v. ... This article is about the slave. ... This is a timeline of significant events leading to the American Civil War. ... Northwest Territory (1787). ... The United States in 1820. ... The Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson that arose when the state of South Carolina attempted to nullify a federal law passed by the United States Congress. ... The Wilmot Proviso was introduced on August 8, 1846 in the House of Representatives as a rider on a $2 million appropriations bill intended for the final negotiations to resolve the Mexican-American War. ... Henry Clay takes the floor of the Old Senate Chamber; Millard Fillmore presides as Calhoun and Webster look on. ... This 1856 map shows slave states (grey), free states (red), and US territories (green) with Kansas in center (white). ... Bleeding Kansas, sometimes referred to in history as Bloody Kansas or the Border War, was a series of violent events, involving Free-Staters (anti-slavery) and pro-slavery Border Ruffian elements, that took place in the Kansas Territory and the western frontier towns of the U.S. state of Missouri... Daguerreotype of Lincoln c. ... John Brown (May 9, 1800 – December 2, 1859) was a white American abolitionist who advocated and practiced armed insurrection as a means to abolish all slavery. ... The Army is the branch of the United States armed forces which has primary responsibility for land-based military operations. ... This article is about the U.S. State. ... This article is about the American free states of the 19th century. ... Fort Snelling is a former military fortification located at the confluence of the Minnesota and Mississippi Rivers in Hennepin County, Minnesota. ... Capital Saint Paul Largest city Minneapolis Largest metro area Minneapolis-St. ... Wisconsin Territory became an organized territory of the United States by an act of U.S. Congress passed on April 20, 1836 which went into effect on July 3, 1836. ... St. ... The United States in 1820. ... Northwest Territory (1787). ...


In November 1837, Emerson was transferred to Fort Jessup, Louisiana. The following February, he married Irene Marie Sanford and finally sent for Scott and his wife from Minnesota. The Scotts followed Emerson and his family, first to St. Louis and then to Fort Snelling, where they remained until May 1840. During the trip, in what were waters bordering free territories, Eliza Scott, the first child of Dred Scott, was born. In May 1840, Emerson was sent to fight in the Seminole War in Florida and left his wife and slaves behind in St. Louis. After his return, he moved to the free territory of Iowa but left Scott and his wife behind in St. Louis, again hiring them out. In December 1843, Emerson died unexpectedly at the age of forty. Scott and his family worked as hired slaves for the next three years, with Irene Emerson taking in the rent. In February 1846, Scott tried to purchase his freedom from Irene Emerson, but she refused. Fort Jessup was a Louisiana Territory Frontier Army Quartermaster supply depot along the Permanent Indian Frontier south of Fort Towson. ... This article is about the U.S. State. ... Capital Saint Paul Largest city Minneapolis Largest metro area Minneapolis-St. ... Osceola, Seminole leader, detail from an 1838 lithograph The Seminole Wars were three wars or conflicts in Florida between the Seminole Native American tribe and the United States. ... This article is about the U.S. State of Florida. ... This article is about the U.S. state. ...


In April 1846, he sued for his freedom, arguing that since he had been in both a free state and a free territory he had become legally free, and could not have later reverted to being a slave.


 


Case

Missouri court history

In the first case that he brought, Scott lost on a technicality: Scott could not prove to the court that he was a slave. A judge ordered a second trial in December 1847; Irene Emerson appealed the order for a second trial to the Supreme Court of Missouri, which ruled against her in June 1848. A new trial did not begin until January 1850, and the jury ruled Scott and his family were legally free. Emerson again appealed to the Supreme Court of Missouri. The Supreme Court of Missouri is the highest court in the state of Missouri. ...


At this point, Emerson turned the responsibility of the case over to her brother, John F. A. Sanford of New York, who acted on her behalf. The Missouri Supreme Court reversed the lower court's decision, holding that Scott was still a slave. This decision was inconsistent with the Court's own precedents. Missouri courts had consistently ruled that slaves taken into free states were automatically free. Missouri Chief Justice Hamilton Rowan Gamble, who owned slaves, wrote a dissenting opinion. This article is about the state. ... Hamilton Rowan Gamble was the Republican Governor of Missouri from 1861 to 1864. ...


The Missouri cases were argued at the St. Louis State and Federal Courthouse (now called the "Old Courthouse"), part of the Jefferson National Expansion Memorial (the "Gateway Arch"). The Jefferson National Expansion Memorial is located in St. ...


Correspondence with President Buchanan

Part of a series on
Slavery
Period and context

History · Antiquity
Religious views: Biblical · Christian · Islamic · Jewish
Slave trades: Atlantic · African · Arab · Asian
Human trafficking · Sexual slavery · Abolitionism · Servitude Slave redirects here. ... The history of slavery covers many different forms of human exploitation across many cultures throughout human history. ... Slavery as an institution in Mediterranean cultures of the ancient world comprised a mixture of debt-slavery, slavery as a punishment for crime, and the enslavement of prisoners of war. ... This article or section is incomplete and may require expansion and/or cleanup. ... Topics in Christianity Movements · Denominations Ecumenism · Relation to other religions Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas Luther · Calvin · Wesley Arius · Marcion of Sinope Archbishop of Canterbury · Pope Coptic Pope · Ecumenical Patriarch Christianity Portal This box:      // Both... 13th century slave market in Yemen The major juristic schools of Islam traditionally accepted the institution of slavery. ... The Atlantic slave trade, also known as the transatlantic slave trade, was the trade of African people supplied to the colonies of the New World that occurred in and around the Atlantic Ocean. ... The slave trade in Africa has existed for thousands of years. ... It has been suggested that this article or section be merged with Islam and slavery. ... The history of slavery covers many different forms of human exploitation across many cultures throughout human history. ... For other uses, see Human trafficking (disambiguation). ... Sexual slavery is a special case of slavery which includes various different practices: forced prostitution single-owner sexual slavery ritual slavery, sometimes associated with traditional religious practices slavery for primarily non-sexual purposes where sex is common or permissible In general, the nature of slavery means that the slave is... This article is about slavery. ... Involuntary servitude is the condition of a person laboring to benefit another against his will due to coercive influence directed toward him. ...

Related

Gulag · Serfdom · Unfree labour · Debt bondage · Indentured servant · List of slaves · Legal status Nikolai Getman Moving out. ... Serf redirects here. ... Unfree labour is a generic or collective term for those work relations, especially in modern or early modern history, in which people are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their families. ... Debt bondage or bonded labor is a means of paying off a familys loans via the labor of family members or heirs. ... An indentured servant is a laborer under contract of an employer for some period of time, usually three to seven years, in exchange for transportation there, food, drink, clothing, lodging and other necessities. ... . ... In law legal status refers to the concept of individuals having a particular place in society, relative to the law, as it determines the laws which affect them. ...

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After that November vote, the President-elect James Buchanan wrote to his friend in the Supreme Court, Justice John Catron, asking whether the case would be decided before his inauguration in March. Buchanan hoped the decision would quell unrest in the country over the slavery issue by issuing a decision that put the future of slavery beyond the realm of political debate. For other persons named James Buchanan, see James Buchanan (disambiguation). ... John Catron (January 7, 1786-May 30, 1865) was an American jurist who served as a Supreme Court justice from 1837 to 1865. ...


Buchanan later successfully pressured Justice Grier, a Northerner, to join the Southern majority to prevent the appearance that the decision was made along sectional lines. By present-day standards, any such correspondence would be considered improper ex parte contact with a court; but even under the more lenient standards of that century, political pressure applied on a member of a sitting court would have been seen as improper or discontent. Ex parte is a Latin legal term meaning from (by or for) one party (pronounced ekss par-TAY or ekss par-TEE, although the proper Latin is Eks PAR-teh). An ex parte decision is one decided by a judge without requiring the plaintiff to be present. ...


Consequences

The decision was a culmination of what many at that time considered a push to expand slavery. The expansion of the territories and resulting admission of new states meant that the longstanding Missouri Compromise would cause the loss of political power in the North as many of the new states would be admitted as slave states. Thus, Democratic party politicians sought repeal of the Missouri Compromise and were finally successful in 1854 with the passage of the Kansas-Nebraska Act, which naturally ended the "compromise." This act permitted each newly admitted state south of the 40th parallel to decide whether to be a slave state or free state. Now, with Dred Scott, the Supreme Court under Taney sought to permit the unhindered expansion of slavery into the territories. The United States in 1820. ... This 1856 map shows slave states (grey), free states (red), and US territories (green) with Kansas in center (white). ...


Before the final decision, John Sanford was deemed Insane, and was incarcerated.


Although Taney believed that the decision would settle the slavery question once and for all, it produced the opposite result. It strengthened the opposition to slavery in the North, divided the Democratic Party on sectional lines, encouraged secessionist elements among Southern supporters of slavery to make even bolder demands, and strengthened the Republican Party. GOP redirects here. ...


Reaction

The reaction to the decision from opponents of slavery was fierce. The Albany Evening Journal combined two themes in denouncing the decision as both an offense to the principles of liberty on which the nation was founded and a victory for the Slave Power over the free states: For other uses, see Albany. ...

The three hundred and forty-seven thousand five hundred and twenty-five Slaveholders in the Republic, accomplished day before yesterday a great success — as shallow men estimate success. They converted the Supreme Court of Law and Equity of the United States of America into a propagandist of human Slavery. Fatal day for a judiciary made reputable throughout the world, and reliable to all in this nation, by the learning and the virtues of Jay, Rutledge, Ellsworth, Marshall and Story!The conspiracy is nearly completed. The Legislation of the Republic is in the hands of this handful of Slaveholders. The United States Senate assures it to them. The Executive power of the Government is theirs. Buchanan took the oath of fealty to them on the steps of the Capitol last Wednesday. The body which gives the supreme law of the land, has just acceded to their demands, and dared to declare that under the charter of the Nation, men of African descent are not citizens of the United States and can not be — that the Ordinance of 1787 was void — that human Slavery is not a local thing, but pursues its victims to free soil, clings to them wherever they go, and returns with them — that the American Congress has no power to prevent the enslavement of men in the National Territories — that the inhabitants themselves of the Territories have no power to exclude human bondage from their midst — and that men of color can not be suitors for justice in the Courts of the United States! For other persons named John Jay, see John Jay (disambiguation). ... This article is about the Governor and Chief Justice of the United States. ... Oliver Ellsworth (April 29, 1745 – November 26, 1807), an American lawyer and politician, was a revolutionary against British rule, a drafter of the United States Constitution, and third Chief Justice of the United States. ... For other persons named John Marshall, see John Marshall (disambiguation). ... American jurist Joseph Story Joseph Story (September 18, 1779 - September 10, 1845), American jurist, was born at Marblehead, Massachusetts. ... For other persons named James Buchanan, see James Buchanan (disambiguation). ...

That editorial ended on a martial note:

...All who love Republican institutions and who hate Aristocracy, compact yourselves together for the struggle which threatens your liberty and will test your manhood!

Many abolitionists and some supporters of slavery believed that Taney was prepared to rule, as soon as the issue was presented in a subsequent case, that the states had no power to prohibit slavery within their borders and that state laws providing for the emancipation of slaves brought into their territory or forbidding the institution of slavery were likewise unconstitutional. Abraham Lincoln stressed this danger during his famous "House Divided" speech at Springfield, Illinois, on June 16, 1858: For other uses, see Abraham Lincoln (disambiguation). ... The House Divided speech is one of Abraham Lincolns best-known speeches. ... is the 167th day of the year (168th in leap years) in the Gregorian calendar. ... Year 1858 (MDCCCLVIII) was a common year starting on Friday (link will display the full calendar) of the Gregorian Calendar (or a common year starting on Wednesday of the 12-day slower Julian calendar). ...

Put this and that together, and we have another nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a State to exclude slavery from its limits. ...We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free, and we shall awake to the reality instead, that the Supreme Court has made Illinois a slave State.

That fear of the "next" Dred Scott decision shocked many in the North who had been content to accept slavery as long as it was confined within its present borders.


It also put the Northern Democrats, such as Stephen A. Douglas, in a difficult position. The Northern wing of the Democratic Party had supported the Kansas–Nebraska Act of 1854 under the banner of "popular sovereignty," arguing that even if Congress did not bar the expansion of slavery into those territories, the residents of those territories could prohibit it by territorial legislation. The Dred Scott decision squarely stated that they could not — even though, strictly speaking, that issue was not before the Court. Stephen Arnold Douglas (nicknamed the Little Giant because he was short but was considered by many a giant in politics) was an American politician from the western state of Illinois, and was the Democratic Party nominee for President in 1860. ... The Kansas–Nebraska Act was a United States federal law and it was passed on May 30, 1854, organizing a territorial government for the lands that later became the states of Kansas and Nebraska. ... Popular sovereignty or the sovereignty of the people is the belief that the legitimacy of the state is created by the will or consent of its people, who are the source of all political power. ...


Douglas attempted to overcome that obstacle, without challenging the Court's decision directly, by his Freeport Doctrine. Douglas insisted that, even if a territory could not bar slavery outright, the institution could not take root without local police regulations to protect it. The Freeport Doctrine was articulated by Stephen A. Douglas at the second of the Lincoln-Douglas debates on August 27, 1858, in Freeport, Illinois. ...


While this doctrine may have allayed Northern Democrats' fears, it was wholly unacceptable to Southern Democrats, who reached a different conclusion from the same premise. As they argued, if hostile territorial governments could obstruct their right to bring their slaves into a territory by refusing to protect that right, then Congress must intervene to pass a federal slave code for all the territories. They often coupled this with threats to secede if Congress did not comply.


At the same time, Democrats characterized Republicans as lawless rebels, provoking disunion by their unwillingness to accept the Supreme Court's decision as the law of the land. Many Northern opponents of slavery had offered a legalistic argument for refusing to recognize the Dred Scott decision as binding. As they noted, the Court's decision began with the proposition that the federal courts did not have jurisdiction to hear Scott's case because he was not a citizen of the State of Missouri. Therefore, so the opponents argued, the remainder of the decision concerning the Missouri Compromise was unnecessary (i.e., beyond the Court's power to decide) and invalid (i.e., obiter dictum). Douglas attacked this position in the Lincoln–Douglas debates: Obiter Dictum is a remark or observation made by a judge while issuing a ruling. ...

Mr. Lincoln goes for a warfare upon the Supreme Court of the United States, because of their judicial decision in the Dred Scott case. I yield obedience to the decisions in that court—to the final determination of the highest judicial tribunal known to our constitution.

Southern supporters of slavery went further, claiming that the decision was essential to the preservation of the union. As the Richmond Enquirer stated: Nickname: Motto: Sic Itur Ad Astra (Thus do we reach the stars) Location in the Commonwealth of Virginia Coordinates: , Country State Government  - Mayor L. Douglas Wilder (I) Area  - City 62. ...

Thus has a politico-legal question, involving others of deep import, been decided emphatically in favor of the advocates and supporters of the Constitution and the Union, the equality of the States and the rights of the South, in contradistinction to and in repudiation of the diabolical doctrines inculcated by factionists and fanatics; and that too by a tribunal of jurists, as learned, impartial and unprejudiced as perhaps the world has ever seen. A prize, for which the athletes of the nation have often wrestled in the halls of Congress, has been awarded at last, by the proper umpire, to those who have justly won it. The "nation" has achieved a triumph, "sectionalism" has been rebuked, and abolitionism has been staggered and stunned. Another supporting pillar has been added to our institutions; the assailants of the South and enemies of the Union have been driven from their "point d'appui"; a patriotic principle has been pronounced; a great, national, conservative, union saving sentiment has been proclaimed.

But while some supporters of slavery treated the decision as a vindication of their rights within the union, others treated it as merely a step to spreading slavery throughout the nation, as the Republicans claimed. Convinced that any restrictions on their right to own slaves and to take them anywhere they chose were unlawful, they boasted that the coming decade would see slave auctions on Boston Common. These Southern radicals were ready to split the Democratic Party and — as events showed — the nation on that principle.


Frederick Douglass, a prominent African-American abolitionist who thought the decision unconstitutional and the Chief Justice's reasoning inapposite to the founders' vision, recognized that political conflict could not be avoided. "The highest authority has spoken. The voice of the Supreme Court has gone out over the troubled waves of the National Conscience. But my hopes were never brighter than now. I have no fear that the National Conscience will be put to sleep by such an open, glaring, and scandalous issue of lies." Frederick Douglass, ca. ... This article is about the abolition of slavery. ...


Scott's fate

The sons of Peter Blow, Scott's first owner, purchased emancipation for Scott and his family on May 26, 1857. Scott died six months later of tuberculosis on November 7, 1857. is the 146th day of the year (147th in leap years) in the Gregorian calendar. ... 1857 was a common year starting on Thursday (see link for calendar). ... Tuberculosis (abbreviated as TB for tubercle bacillus or Tuberculosis) is a common and deadly infectious disease caused by mycobacteria, mainly Mycobacterium tuberculosis. ... is the 311th day of the year (312th in leap years) in the Gregorian calendar. ... 1857 was a common year starting on Thursday (see link for calendar). ...


Later references

Justice John Marshall Harlan was the lone dissenting vote in the 1896 Supreme Court Plessy v. Ferguson which legalized racial segregation and created the concept of “separate but equal.” In his dissent Harlan wrote that the majority’s opinion would “prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott case.”[5] Image File history File links This is a lossless scalable vector image. ... This is about the pre-World-War-I US Supreme Court justice; for his grandson, the mid-20th-century holder of the same position, see John Marshall Harlan II. John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American Supreme Court associate justice. ... Plessy redirects here. ...


Charles Evans Hughes, writing on the history of the Supreme Court in 1927 before his appointment as Chief Justice, described the Dred Scott case as a "self-inflicted wound" from which it took the Court at least a generation to recover.[6][7] Charles Evans Hughes, Sr. ...


In Planned Parenthood v. Casey (1992)—which upheld Roe's central holding that abortion is constitutionally protected—Justice Scalia, joined by three other justices who wanted to reverse Roe, made this comparison to Dred Scott: Holding A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. ...

[D]red Scott...rested upon the concept of "substantive due process" that the Court praises and employs today. Indeed, Dred Scott was very possibly the first application of substantive due process in the Supreme Court, the original precedent for...Roe v. Wade. [1]

See also

This is a timeline of the American Civil Rights Movement. ... This is a list of all the United States Supreme Court cases from volume 60: 60 U.S. (19 How. ...

Notes

  1. ^ a b While the name of the case is "Scott vs. Sandford", the respondent's surname was actually "Sanford". A clerk had misspelled the name, and the court never corrected the error. Vishneski, John. "What the Court Decided in Dred Scott v. Sandford". The American Journal of Legal History 32(4): 373-390.
  2. ^ Scott v. Sandford
  3. ^ FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
  4. ^ 83 U.S. 36
  5. ^ Fehrenbacher p. 580
  6. ^ Introduction to the court opinion on the Dredd Scott case, U.S. Department of State, <http://usinfo.state.gov/infousa/government/overview/21.html>. Retrieved on 2007-11.22 
  7. ^ Remarks of the Chief Justice, Supreme Court of the United States, March 21, 2003, <http://www.supremecourtus.gov/publicinfo/speeches/sp_03-21-03.html>. Retrieved on 22 November 2007 

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Image File history File links Wikisource-logo. ... The original Wikisource logo. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... The United States Code (U.S.C.) is the general and permanent federal Law of the United States. ... The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. ... December 17 is the 351st day of the year (352nd in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Division of the states during the Civil War:  Union states  Union territories  Border states  Bleeding Kansas  The Confederacy  Confederate territories (not always held) Missouri in the Civil War was a border state that sent men, generals, and supplies to both opposing sides, had its star on both flags, had state... Categories: | ... The United States in 1820. ... Bleeding Kansas, sometimes referred to in history as Bloody Kansas or the Border War, was a series of violent events, involving Free-Staters (anti-slavery) and pro-slavery Border Ruffian elements, that took place in the Kansas Territory and the western frontier towns of the U.S. state of Missouri... Robert Marcellus Stewart was the Democratic Governor of Missouri from 1857 to 1861. ... Image File history File links Flag_of_Missouri. ... The Missouri Constitutional Convention (1861-63) was a constitutional convention in the American Civil War that decided that Missouri stay in the Union and also evicted the elected governor to create a provisional government during the war. ... The Liberty Arsenal was an United States Army arsenal at Liberty, Missouri in Clay County, Missouri that was seized by Confederate sympathizers on April 20, 1861, sparking a sequence of skirmishes and battles that was to define Missouri in the American Civil War After states began seceding from the Union... The St. ... The Camp Jackson Affair was an incident in the American Civil War on May 10, 1861, when Union military forces clashed with civilians on the streets of St. ... The Missouri State Guard (MSG) was a state militia unit organized in the state of Missouri during the early days of the American Civil War. ... The Price-Harney Truce was a document signed on May 21, 1861 between United States Army General William S. Harney and Missouri State Militia commander Sterling Price at the beginning of the American Civil War. ... Hannibal and St. ... Claiborne Fox Jackson (April 4, 1806 – December 6, 1862) was a lawyer, soldier, politician, and Governor of Missouri in 1861, then governor-in-exile for the Confederacy during the American Civil War. ... The Battle of Boonville, Missouri sketched by Orlando C. Richardson The Battle of Boonville was a battle of the American Civil War, occurring on June 17, 1861 in Cooper County, Missouri. ... The Battle of Cole Camp was a skirmish of the American Civil War, occurring on June 19, 1861, in Benton County, Missouri. ... Combatants United States of America Missouri State Guard Commanders Col. ... Hamilton Rowan Gamble was the Republican Governor of Missouri from 1861 to 1864. ... The Battle of Athens was a small American Civil War battle that took place in Northeast Missouri (near present Revere along the Des Moines River) in 1861. ... Combatants United States of America State of Missouri Confederate States of America Commanders Nathaniel Lyon Samuel D. Sturgis Franz Sigel Sterling Price Ben McCulloch Strength Army of the West Missouri State Guard and McCulloch’s Brigade Casualties 1,235 1,095 The Battle of Wilsons Creek, also known as... John Charles Frémont (January 21, 1813 – July 13, 1890), was an American military officer, explorer, the first candidate of the Republican Party for the office of President of the United States, and the first presidential candidate of a major party to run on a platform in opposition to slavery. ... The Battle of Dry Wood Creek (also known as the Battle of Big Dry Wood Creek or the Battle of the Asses) was fought on September 2, 1861 in Vernon County, Missouri during the American Civil War. ... The Platte Bridge Railroad Tragedy was a bushwhacker attack on the Hannibal and St. ... The Sacking of Osceola was a Union Jayhawker initiative on September 23, 1861, to push out pro-South elements at Osceola, Missouri. ... The Battle of Liberty was a battle of the American Civil War, occurring on September 17, 1861 in Clay County, Missouri. ... The Battle of Lexington I was a battle of the American Civil War, occurring on September 13-20, 1861 in Lafayette County, Missouri. ... The Battle of Fredericktown was an engagement of the American Civil War. ... The Missouri Secession controversy refers to the disputed status of the state of Missouri during the American Civil War. ... The Battle of Springfield I was a battle of the American Civil War, occurring on October 25, 1861 in Greene County, Missouri. ... Department of the Missouri was a division of the United States Army that functioned through the American Civil War and the Indian Wars afterwards. ... Charleston defenses, Belmont battlefield by Julius Bien & Co. ... Gratiot Street Prison (pronounced Grass-shut) was an American Civil War prison located in St. ... The first Burning of Platte City, Missouri occurred by Union forces on December 16, 1861 in the American Civil War in an attempt to capture the bushwhacker Silas M. Gordon. ... The Battle of Mount Zion Church was a battle of the American Civil War, occurring on December 28, 1861 in Boone County, Missouri. ... The Army of the West, a unit of the Union Army during the American Civil War, was created on Jan 29, 1862. ... The Battle of Roans Tan Yard was a battle of the American Civil War, occurring on January 8, 1862 in Randolf County, Missouri. ... Battle of Island No. ... Battle of Kirksville Conflict American Civil War Date August 6-9, 1862 Place Adair County, Missouri Result Union victory The Battle of Kirksville was a battle in the American Civil War. ... The First Battle of Independence was a battle of the American Civil War, occurring on August 11, 1862 in Jackson County, Missouri. ... The Battle of Lone Jack was a battle of the American Civil War, occurring on August 15-16, 1862 in Jackson County, Missouri. ... The First Battle of Newtonia was a battle of the American Civil War, occurring on September 30, 1862 in Newton County, Missouri. ... The Palmyra Massacre is an incident that took place in Palmyra, Missouri on October 18, 1862, when ten Confederate prisoners were executed in reprisal for the abduction of a local Union man, Andrew Allsman. ... The Battle of Clarks Mill was a battle of the American Civil War, occurring on November 7, 1862 in Douglas County, Missouri. ... The Second Battle of Springfield was a battle in the American Civil War fought January 8, 1863, in Springfield, Missouri. ... The Battle of Hartville was a battle of the American Civil War, occurring on January 9-11, 1863 in Wright County, Missouri. ... The Battle of Cape Girardeau was a battle of the American Civil War, occurring on April 26, 1863 in Cape Girardeau, Missouri. ... Battle of Chalk Bluff Conflict American Civil War Date May 1-2, 1863 Place Clay County, Arkansas Result Confederate tactical victory (See note in text) The Battle of Chalk Bluff was a land battle of the American Civil War that took place from May 1-2, 1863. ... General Order â„– 11 is the title of the 25 August 1863 order that all persons living in Jackson, Cass, and Bates counties in Missouri, and in that part of Vernon included in this district, except those living within one mile of the limits of Independence, Hickmans Mills, Pleasant Hill... For other uses, see Centralia Massacre. ... The Army of Missouri was an independent military command during the American Civil War within the Confederate States Army, created in late 1864 under the command of Maj. ... Maj. ... The Battle of Fort Davidson was a battle of the American Civil War, occurring on September 27, 1864 in Iron County, Missouri. ... The Battle of Glasgow was a battle of the American Civil War, occurring on October 15, 1864 in Howard County, Missouri. ... The Second Battle of Lexington was a battle in Prices Missouri Expedition of the American Civil War, occurring on October 19, 1864, in Lafayette County, Missouri. ... The Battle of Little Blue River was a battle of the American Civil War, occurring on October 21, 1864 in Jackson County, Missouri. ... The Battle of Byrams Ford was a battle of the American Civil War, occurring on October 22-23, 1864 in Jackson County, Missouri. ... The Second Battle of Independence was a battle of the American Civil War, occurring on October 22, 1864 in Jackson County, Missouri. ... Combatants United States of America Confederate States of America Commanders Samuel R. Curtis Sterling Price Strength Army of the Border (22,000) Army of Missouri (8,500) Casualties 1,500 1,500 Cannon at Loose Park. ... The Battle of Marmiton River was a battle of the American Civil War, occurring on October 25, 1864 in Vernon County, Missouri. ... The Battle of Newtonia II was a battle of the American Civil War, occurring on October 28, 1864 in Newton County, Missouri. ... George S. E. Vaughn (sometimes spelled George Vaughan or George E. Vaughn) (1823-August 26, 1899) was an accused Confederate spy during the American Civil War who was pardoned by Abraham Lincoln an hour before Lincolns assassination in the Presidents last official act. ... Jesse and Frank James, 1872 The James-Younger Gang was a legendary 19th century gang of American outlaws that included Jesse James. ... Bald Knobbers refers to a group of non-racially motivated vigilantes in the southern part of the state of Missouri in the United States, who were active during the period 1883-1889. ...



 

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