The Dred Scott Decision

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The Dred Scott Decision
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Who 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.
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Who 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.
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What 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
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The 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.

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YOU ARE ON THE JURY HOW WOULD YOU VOTE?
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WHICH SIDE DO YOU THINK WON?
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• 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.

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Supreme Court

• The Supreme Court ruling was handed down on March
  6, 1857. Chief Justice Roger Taney delivered the
  opinion of the Court.

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TASK- Complete the Primary Source Analysis of the
Supreme Court Decision
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• By Chief Justice Taney

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(No Transcript)
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What 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.

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What 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.

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Leading to War

• How might this event have contributed to the
  start of the Civil War?