Title: The Dred Scott Decision
1The Dred Scott Decision
2Who was Dred Scott?
Dred Scott was a slave. He was taken by his
master, an officer in the U.S. Army, from the
SLAVE state of Missouri to the FREE state of
Illinois and then to the FREE territory of
Wisconsin. When the Army ordered his master to
go back to Missouri, he took Scott with him back
to that slave state, where his master died. In
1846, Scott was helped by abolitionist
(anti-slavery) lawyers to sue for his freedom in
court, CLAIMING HE SHOULD BE FREE SINCE HE HAD
LIVED ON FREE SOIL FOR A LONG TIME.
3Who was his owner?
Dr. John Emerson was the owner of Dred Scott. He
was a doctor in the United States army. The army
REQUIRED him to move throughout the United
States. He did not decide to move on his
own. When he died, ownership of Dred Scott and
his family was transferred to his wife, Irene
Emerson. She and her lawyers argued that Dred
Scott was her property and that did not change
because Dr. Emerson was required by the Army to
live in a free state.
4What Events Caused This?
Emerson is transferred back to Missouri A Slave
State He passes away shortly after.
Emerson is stationed in Missouri A Slave State
Emerson is transferred to Illinois A Non-Slave
State
Emerson is transferred to Wisconsin A Non-Slave
State
5The Two Sides of the Argument
- Dred Scott
- Lived in a non-slave state and territory and
thinks that he should be considered a free man.
- Irene Emerson
- Slaves are property.
- Dr. Emerson did not have a choice in where he
lived the army stationed him in the free state
and territory.
6YOU ARE ON THE JURY HOW WOULD YOU VOTE?
7WHICH SIDE DO YOU THINK WON?
8- 1846-Scotts first trial in St. Louis Circuit
Court- Jury decides in favor of Mrs. Emerson.
Dred Scott appeals. - 1850-Second trial- Jury decides in favor of Dred
Scott. Mrs. Emerson appeals. - 1852- State Supreme Court of Missouri overrules
Circuit Court. - 1853-1854- Scott files in U.S. Federal
CourtScott v. SanfordThe defendant had become
John Sanford, who had become the executor of John
Emerson's estate and had been given control over
the case in 1850 when his sister, Irene, moved to
Massachusetts.
9Supreme Court
- The Supreme Court ruling was handed down on March
6, 1857. Chief Justice Roger Taney delivered the
opinion of the Court.
10TASK- Complete the Primary Source Analysis of the
Supreme Court Decision
11 12(No Transcript)
13What did the Supreme Court decide?
- In March of 1857, Scott lost when the Supreme
Court declared no slave or descendant of a slave
could be a U.S. citizen, or ever had been a U.S.
citizen. As a non-citizen, the court stated,
Scott had no rights and could not sue in a
Federal Court and must remain a slave. - In total, six Justices agreed with the ruling
Samuel Nelson agreed with the ruling but not its
reasoning, and Benjamin Robbins Curtis and John
McLean voted against it.
14What did the Supreme Court decide?
- The Supreme Court also ruled that Congress could
not stop slavery in the newly emerging
territories and declared the Missouri Compromise
of 1820 to be unconstitutional. The Missouri
Compromise prohibited slavery north of the
parallel 3630 in the Louisiana Purchase. The
Court declared it violated the Fifth Amendment of
the Constitution which prohibits Congress from
depriving persons of their property without due
process of law.
15Leading to War
- How might this event have contributed to the
start of the Civil War?