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Topic: Dred Scott case


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  Dred Scott v. Sandford - Wikipedia, the free encyclopedia
Dred Scott was an American slave who was taken first to Illinois, a free state, and then to Minnesota, a free territory, for an extended period of time, and then back to the slave state of Missouri.
Dred Scott was a slave purchased around 1833 by Dr. John Emerson, a surgeon in the US Army, from John Blow, who had owned Scott perhaps since his birth around 1800, but at least since 1818.
Scott appealed to the Supreme Court in December 1854, arguing that Judge Wells erred in charging the jury that Scott was not entitled to freedom.
en.wikipedia.org /wiki/Dred_Scott_case   (3788 words)

  
 MSN Encarta - Dred Scott Case
Dred Scott Case, landmark case of the 1850s in which the Supreme Court of the United States declared that African Americans were not U.S. citizens.
The Court’s decision in the case was made in the context of the opening of western territories to slavery, the violence of the Border War, and the creation of a new political party dedicated to stopping the spread of slavery into the West.
Scott’s owner at this time was Emerson’s brother-in-law, John F. Sanford, who argued that fls could never be citizens of the United States and therefore could never sue in federal court.
encarta.msn.com /encyclopedia_761560456/Dred_Scott_Case.html   (1582 words)

  
 Dred Scott
Dred Scott first went to trial to sue for his freedom in 1847.
Scott's extended stay in Illinois, a free state, gave him the legal standing to make a claim for freedom, as did his extended stay in Wisconsin, where slavery was also prohibited.
Still, if the case had gone directly from the state supreme court to the federal supreme court, the federal court probably would have upheld the state's ruling, citing a previously established decision that gave states the authority to determine the status of its inhabitants.
www.pbs.org /wgbh/aia/part4/4p2932.html   (790 words)

  
 WHEN IS A FREE MAN FREE? The Dred Scott Decision
Sandford.) Scott claimed that as a citizen of the state of Missouri he was entitled to sue a citizen of another state in the federal courts.
Taney declared that Dred Scott was not entitled to sue in the federal courts because he was not a citizen as that term was understood at the time the Constitution was adopted.
After the American Civil War ended, some of the questions at issue in the Dred Scott case were settled by the 13th Amendment to the Constitution that freed the slaves and the 14th Amendment that made them citizens of the United States and of their state of residence.
www.worldfreeinternet.net /news/nws19.htm   (1067 words)

  
 SOS, Missouri - State Archives Dred Scott Case, 1846-1857
Dred Scott was born to slave parents in Virginia sometime around the turn of the nineteenth century.
Because Dred Scott was not free under either the provisions of the Northwest Ordinance of 1787 or the 1820 Missouri Compromise, he was still a slave, not a citizen with the right to bring suit in the federal court system.
Dred Scott tried to win his freedom at a time when white Americans were struggling to determine the political status of slavery, as well as their attitudes toward fl people, slave or free.
www.sos.mo.gov /archives/resources/africanamerican/scott/scott.asp   (7611 words)

  
 Dred Scott v. Sandford, 1857
In this case, the citizenship is averred, but it is denied by the defendant in the manner required by the rules of pleading, and the fact upon which the denial is based is admitted by the demurrer.
It was therefore the duty of the court, sitting as a court of equity in the latter case, to prevent him from using its process, as a court of common law, to compel the payment of the purchase-money, when it was evident that the purchaser must lose the land.
This is familiarly the case where a court of chancery has exercised jurisdiction in a case where the plaintiff had a plain and adequate remedy at law, and it so appears by the transcript when brought here by appeal.
www.lectlaw.com /files/case23.htm   (14412 words)

  
 Dred Scott Case
Dred Scott was a slave who had been born in Virginia, lived in Missouri, and was sold to a Dr. John Emerson, an Army doctor, in the early 1830s.
The case reached the Supreme Court of Missouri in 1850, but the political atmosphere in the Missouri judicial system had changed, and two of the three justices who would render the decision on Scott's lawsuit were pro-slavery.
The ruling said that because Scott was living in slavery in Missouri at the time the lawsuit was filed, his residency in Illinois and Wisconsin were irrelevant, and he was to remain a slave.
www.gibbsmagazine.com /DredScott.htm   (567 words)

  
 WU Libraries Dred Scott
Dred Scott is born in Virginia as a slave of the Peter Blow family.
Dred Scott dies of tuberculosis and is buried in St.
The Dred Scott website is part of a larger digital partnership between the Washington University Libraries and the Missouri State Archives, a division of Missouri's Secretary of State's office, in cooperation with the Office of the St. Louis Circuit Clerk.
library.wustl.edu /vlib/dredscott/chronology.html   (1024 words)

  
 AFRO-AMERICAN ALMANAC - African-American History Resource
The historic Dred Scott case is most remembered for what it said about Negros and their place in the United States.
Sanford rested on the premise that because of the Missouri Compromise, Dred Scott became a free man when he was brought into the state of Illinois, thus his "owner" had no right to assault him.
The verdict was that Scott, or any slave, was not free by virtue of residence in a free state or territory, and since Scott was living in Missouri, his status must ultimately be determined in a court there.
www.toptags.com /aama/docs/dscott.htm   (2615 words)

  
 The Dred Scott Case :: Jefferson National Expansion Memorial   (Site not responding. Last check: 2007-11-05)
Dred Scott moved to St. Louis with the Blows in 1830, but was soon sold due to his master's financial problems.
It is difficult to understand today, but under the law in 1846 whether or not the Scotts were entitled to their freedom was not as important as the consideration of property rights.
Although few whites considered the human factor in Dred Scott's slave suit, today we acknowledge that it is wrong to hold people against their will and force them to work as people did in the days of slavery.
www.nps.gov /jeff/dred_scott.html   (655 words)

  
 Dred Scott Case. The Columbia Encyclopedia, Sixth Edition. 2001-05   (Site not responding. Last check: 2007-11-05)
In 1834, Dred Scott, a fl slave, personal servant to Dr. John Emerson, a U.S. army surgeon, was taken by his master from Missouri, a slave state, to Illinois, a free state, and thence to Fort Snelling (now in Minnesota) in Wisconsin Territory, where slavery was prohibited by the Missouri Compromise.
After Emerson’s death, Scott sued (1846) Emerson’s widow for freedom for himself and his family (he had two children) on the ground that residence in a free state and then in a free territory had ended his bondage.
Emerson’s brother, was the legal administrator of her property and a resident of New York, the federal court accepted jurisdiction for the case on the basis of diversity of state citizenship.
www.bartleby.com /65/dr/DredScot.html   (439 words)

  
 [No title]   (Site not responding. Last check: 2007-11-05)
There is a natural disgust in the minds of nearly all white people, to the idea of an indiscriminate amalgamation of the white and fl races; and Judge Douglas evidently is basing his chief hope, upon the chances of being able to appropriate the benefit of this disgust to himself.
Dred Scott, his wife and two daughters were all involved in the suit.
Of course, I state this case as an illustration only, not meaning to say or intimate that the master of Dred Scott and his family, or any more than a per centage of masters generally, are inclined to exercise this particular power which they hold over their female slaves.
www.founding.com /library/lbody.cfm?id=321&parent=63   (3951 words)

  
 The Reader's Companion to American History: Dred Scott case@ HighBeam Research   (Site not responding. Last check: 2007-11-05)
This convoluted case (1857), both a cause and an effect of sectional conflict, contributed to antebellum political and constitutional controversy.
Dred Scott, a fl slave, and his wife had once belonged to army surgeon John Emerson, who had bought him from the Peter Blow family of St. Louis.
After Emerson died, the Blows apparently helped Scott sue Emerson's widow for his freedom, but lost the case in state court.
www.highbeam.com /library/doc0.asp?DOCID=1P1:28406667&refid=ip_encyclopedia_hf   (184 words)

  
 Paperwight's Fair Shot: Dred Scott = Roe v. Wade
Not entirely surprisingly we discover that Bush's reference to the Dred Scott case was not a lame attempt to prove he was on the side of the fl slave, or a pander to the St. Louis Historical Society.
Wade with the Dred Scott decision is a rhetorical masterstroke.
Dred Scott was property; and the constitutional issue was not the disposition of his liberty -- something he had never had legally before he came to court -- but the disposition of his owner's property).
fairshot.typepad.com /fairshot/2004/10/dred_scott_roe_.html   (9340 words)

  
 Dred Scott v. Sandford   (Site not responding. Last check: 2007-11-05)
Cases that may have been decided in such courts, or rules that may have been laid down by commonlaw pleaders, can have no influence in the decision in this court.
The jurisdiction would not be presumed, as in the case of a commonlaw English or State court, unless the contrary appeared.
It was therefore the duty of the court, sitting as a court of equity in the latter case, to prevent him from using its process, as a court of common law, to compel the payment of the purchasemoney, when it was evident that the purchaser must lose the land.
www.tourolaw.edu /patch/Scott   (14405 words)

  
 Dred Scott v. Sandford (1857) []   (Site not responding. Last check: 2007-11-05)
From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820.
After returning to Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court.
Scott's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution.
www.oyez.org /oyez/resource/case/101   (162 words)

  
 INTRODUCTION TO THE COURT OPINION ON THE DREDD SCOTT CASE
Dred Scott's case holds a unique place in American constitutional history as an example of the Supreme Court trying to impose a judicial solution on a political problem.
Scott, born a slave, had been taken by his master, an army surgeon, into the free portion of the Louisiana territory.
The Court ruled that Scott, as a slave, could not exercise the prerogative of a free citizen to sue in federal court.
usinfo.state.gov /usa/infousa/facts/democrac/21.htm   (2074 words)

  
 INTRODUCTION TO THE COURT OPINION ON THE PLESSY V. FERGUSON CASE
This case turns upon the constitutionality of an act of the General Assembly of the State of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races...
So far, then, as a conflict with the Fourteenth Amendment is concerned, the case reduces itself to the question whether the statute of Louisiana is a reasonable regulation, and with respect to this there must necessarily be a large discretion on the part of the legislature.
The argument necessarily assumes that if, as has been more than once the case, and is not unlikely to be so again, the colored race should become the dominant power in the state legislature, and should enact a law in precisely similar terms, it would thereby relegate the white race to an inferior position.
usinfo.state.gov /usa/infousa/facts/democrac/33.htm   (3390 words)

  
 Black History 366 Days a Year!   (Site not responding. Last check: 2007-11-05)
Dred Scott was born a slave in Southhampton County, Virginia, around the year 1759.
A traveling Army physician, from 1833 to 1838, Scott accompanied Emerson on lengthy stays to the free territories of Illinois, Wisconsin and Minnesota.
In 1846, a Missouri local court freed Scott; however, in 1852, the Missouri State Supreme Court reversed the decision.
www.isomedia.com /homes/bhd2/dred_scott.htm   (204 words)

  
 Court Cases - Dred Scott, Court's Decision
When the Court met for the first time since the reargument to discuss the case on February 14, 1857, it favored a moderate decision that ruled in favor of Sanford but did not consider the larger issues of Negro citizenship and the constitutionality of the Missouri Compromise.
Scott's case had one last hope: the Chief Justice could decide that Scott was free because of his stay in the free state of Illinois.
Taney ruled that the case be dismissed for lack of jurisdiction and sent back to the lower court with instructions for that court to dismiss the case for the same reason, therefore upholding the Missouri Supreme Court's ruling in favor of Sanford.
www.hrcr.org /docs/US_Constitution/dscott3.html   (676 words)

  
 Why Bush Opposes Dred Scott - It's code for Roe v. Wade. By Timothy Noah
Dred Scott was, of course, the famous 1857 Supreme Court decision that affirmed slaves remained the property of their owners even when taken to free territories and that prohibited even free African-Americans from becoming U.S. citizens.
Another example would be the Dred Scott case, which is where judges, years ago, said that the Constitution allowed slavery because of personal property rights.
"Like Dred Scott, Roe has the potential to be overturned, given the right circumstances and the right make-up of the Supreme Court," says the Republican National Coalition for Life.
www.slate.com /id/2108083   (1077 words)

  
 Dred Scott case   (Site not responding. Last check: 2007-11-05)
The case before the court was that of Dred Scott v.
Dred Scott, a slave who had lived in the free state of Illinois and the free territory of Wisconsin before moving back to the slave state of Missouri, had appealed to the Supreme Court in hopes of being granted his freedom.
The framers of the Constitution, he wrote, believed that fls "had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.
www.pbs.org /wgbh/aia/part4/4h2933.html   (306 words)

  
 USATODAY.com - 'I, Dred Scott' puts a face on a name from history   (Site not responding. Last check: 2007-11-05)
Shelia P. Moses knew the name on the courthouse plaque: Dred Scott, the slave who sued for his own freedom, which was as audacious as it was courageous in 1846.
The plaque was outside the Old Courthouse in St. Louis, where Scott's trial was held in 1850 and where Moses was in 1999 to research her memoir with Dick Gregory, the comedian and 1960s activist who grew up in St. Louis.
And she recalled the stories and voice of her grandmother, Lucy Jones, who was born in the 1880s in North Carolina not far from where Scott was born nearly a century earlier.
www.usatoday.com /life/books/news/2005-02-02-dred-scott_x.htm   (862 words)

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