Dredd Scott Decision
INTRODUCTION United States Supreme Court case Scott v. Sanford (1857), commonly known as the Dred Scott Case, is probably the most famous case of the nineteenth century (with the exception possibly of Marbury v. Madison). It is one of only four cases in U. S. history that has ever been overturned by a Constitutional amendment (overturned by the 13th and 14th Amendments). It is also, along with Marbury, one of only two cases prior to the Civil War that declared a federal law unconstitutional. This case may have also been one of the most, if not the most, controversial case in American history, due simply to the fact that it dealt an explosive opinion on an issue already prepared to erupt - ...
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a slave state, but no state may allow slavery if that state falls above the 36 degree 30 minute latitudinal line. Later, in 1854 under the Kansas-Nebraska Act, states were allowed to vote on whether they will allow slavery or not, known commonly as popular sovereignty. In St. Louis, Scott was sold to an army surgeon named Dr. John Emerson in 1833. A year later, Emerson, on a tour of duty, took Scott, his slave, to Illinois, a free state. In 1836, Emerson's military career then took the both of them to the free Wisconsin territory known today as Minnesota. Both of these states, it is important to recognize, where both free states and both above the 36 degree 30 minute line. While Emerson and Scott were in Wisconsin, Scott married Harriet Robinson, another slave, and ownership of her was subsequently transferred to Emerson. Dr. Emerson himself took a bride while on a tour of duty in Louisiana, named Eliza Irene Sanford, whose family happened to live in St. Louis. While the slaves ...
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that once he had been in free territory, he was indirectly freed and remained freed. By this time Mrs. Emerson had married, moved to New England with her new husband, and left these affairs and ownership of the Scotts to her brother, John F. A. Sanford. After Scott was declared free by the courts, Sanford sought an appeal from the Missouri Supreme Court. In 1852 in, Scott v. Emerson, the Missouri Supreme Court reversed the decision by the lower court seeing this case now not as the freeing of one slave but as a threat towards the institution of slavery. Basically, the court replaced the notion of "once free, always free" with an opposite, pro-slavery rhetoric as the new "law" of ...
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Dredd Scott Decision. (2005, April 14). Retrieved November 28, 2024, from http://www.essayworld.com/essays/Dredd-Scott-Decision/25353
"Dredd Scott Decision." Essayworld.com. Essayworld.com, 14 Apr. 2005. Web. 28 Nov. 2024. <http://www.essayworld.com/essays/Dredd-Scott-Decision/25353>
"Dredd Scott Decision." Essayworld.com. April 14, 2005. Accessed November 28, 2024. http://www.essayworld.com/essays/Dredd-Scott-Decision/25353.
"Dredd Scott Decision." Essayworld.com. April 14, 2005. Accessed November 28, 2024. http://www.essayworld.com/essays/Dredd-Scott-Decision/25353.
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