1.  Dred Scott v. J. A. Sanford (1857)

2.   Who was Dred Scott?  Events Affecting Dred Scott’s fate  Timeline of Events  The Two Sides of the Issue  The Decision of the Supreme Court  The Supreme Court also Ruled  The Missouri Compromise  Missouri Compromise Map  The Spread of Slavery in the United States  The Impact of the Decision  Did the Supreme Court get it Right? Table of Contents

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4.   Dred Scott was an African American slave born in the early 1800’s. He was owned by Dr. John Emerson, a physician in the US Army until Dr. Emerson’s death.  Married a fellow slave, Harriett Robinson. They hade two children Eliza and Lizzie.  After Dr. Emerson died, he became property of Mr. John Sanford until Scott’s death on September 18, 1858.  The abolitionist brought suite on behalf of Mr. Scott seeking a ruling for his freedom from slavery. Who was Dred Scott?

5.   As an officer of the Army, Dr Emerson was often ordered to move about the country taking with him his “property,” Dred Scott.  Dred Scott, was taken from the slave state of Missouri to the free state of Illinois and then to the free territory of Wisconsin. He lived on free soil for a long period of time.  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. Events Affecting Dred Scott’s Fate

6.  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 Emerson is transferred back to Missouri – A Slave State He passes away shortly after. Timeline of Events

7.  The Two Sides of the Issue  Dred Scott’s Arguments  Lived as a slave at first.  Moved to two free states where he lived a long time as a non slave.  He considered himself to be a free man. He moved back to a slave state.  His owner passed away, therefore he does not have an owner  US Supreme Court  Dred Scott was not a US Citizen because he was a slave.  Slaves are considered property with no citizen rights.  Congress has no right to control a person’s property.  Dred Scott was still considered to be a slave

8.  The Decision of the Supreme Court  In March of 1857, Scott lost the decision as seven out of nine Justices on 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.

9.  The Supreme Court also ruled…  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 36°30´ 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.

10.   The Missouri Compromise was passed in 1820 under the presidency of James Monroe and between the pro slavery and anti-slavery factions in the United States Congress, involving primarily the regulation of slavery in the western territories.anti-slaveryUnited States Congressslaverywestern territories  It prohibited slavery in the former Louisiana Territory north of the parallel 36°30′ north except within the boundaries of the proposed state of Missouri.Louisiana Territoryparallel 36°30′ northMissouri The Missouri Compromise

11.  Missouri Compromise Map

12.  Spread of Slavery in the United States

13.  The Impact of the Decision  The decision would prove to be an indirect catalyst for the American Civil War.American Civil War  How might this event have contributed to the start of the Civil War?

14.  Did the Supreme Court Get it Right?  This case is about slaves being regarded as the property of others.  Define “property.” How does that apply to persons in this case?  Think about the law.  Think about the arguments.  What would your decision be?  How might this event have contributed to the start of the Civil War?