Dred Scott was an African American slave. He was taken by his master, an officer in the U.S. Army, from Missouri (slave state) to the Illinois (free state) and finally to Wisconsin (free territory).
When the Army called his master back to Missouri, he took Scott with him. His master died in Missouri. 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. The case went all the way to the United States 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.
At that time there were nearly 4 million slaves in America. The court's ruling affected the status of every enslaved and free African-American in the United States. The ruling served to turn back the clock concerning the rights of African-Americans, ignoring the fact that black men in five of the original States had been full voting citizens dating back to the Declaration of Independence in 1776.
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.
Anti-slavery leaders in the North cited the controversial Supreme Court decision as evidence that Southerners wanted to extend slavery throughout the nation and ultimately rule the nation itself. Southerners approved the Dred Scott decision believing Congress had no right to prohibit slavery in the territories. Abraham Lincoln reacted with disgust to the ruling and was spurred into political action, publicly speaking out against it.
Overall, the Dred Scott decision had the effect of widening the political and social gap between North and South and took the nation closer to the brink of Civil War.
2007-01-11 12:26:03
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answer #1
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answered by Jennifer P 2
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Dred Scott (ca. 1795 – September 17, 1858) was a slave who sued unsuccessfully for his freedom in the famous Dred Scott v. Sandford case of 1856.
His case was based on the fact that he and his wife Harriet had lived, while slaves, in states and territories where slavery was illegal, including Illinois and parts of the Louisiana Purchase. The court ruled 7 to 2 against Scott, finding that he was property and therefore not entitled to file suit in a federal court.
This case was one of the major factors leading to the American Civil War.
The Dred Scott case contributed to the war because Scott's master could travel freely through states in which slavery was illegal.
The ruling arguably violated the Missouri Compromise because, based on the court's logic, a white slave owner could purchase slaves in a slave state and then bring his slaves to a state where slavery is illegal without losing rights to the slaves.
This factor greatly upset the Northern Republicans and further split Northern and Southern relations.
2007-01-11 20:30:12
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answer #2
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answered by punkywoman1972 2
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Dred Scott Case", was a lawsuit decided by the Supreme Court of the United States in 1857. It is considered by many to have been a key cause of the American Civil War, and of the later ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution, leading to the abolition of slavery and establishment of civil rights for freed slaves.
en.wikipedia.org/wiki/Dred_Scott_case - Definition in context
2007-01-11 20:34:10
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answer #3
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answered by ????? 7
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who?
2007-01-11 20:22:52
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answered by greendayfan12006 1
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