In my paper I will be discussing a story about a man name Dred Scott. I also will outline and discuss Mr. Dred Scott life and what led up to the case in which we know as Dred Scott v. Sanford he is a slave sold to Sanford by Emerson. Emerson took Dred Scott from Missouri slave state to Illinois free state and to Louisiana Territory (free), then back to Missouri slave. Dred Scott argues that he becomes a free citizen by way of his travel through Illinois and also his time in a free territory. He also argues that his family was free by way of Louisiana Territory.
Scott won his freedom at trial court but the Missouri Supreme Court reversed and remanded. He lost and appealed to the Supreme Court.
Issues:
1. Did the Circuit Court have jurisdiction to hear the case?
a. Article III Section 2 says that the Supreme Court has jurisdiction in cases where there are citizens of two different states.
b. But, is Dred Scott a citizen?
2. If the Circuit Court had jurisdiction, was the judgment given in error or not?
Slaves were not intended to be included under the word “citizens” in the Constitution and thus can claim none of those rights. Dred Scott was not a citizen of Missouri within the meaning of the Constitution and therefore is not entitled to sue.
Neither Dred Scott nor …show more content…
The Judges entered “without any flourish of parade…ranked according to the dates of their respective commissions. “At the head of the procession there walked “ with firm and steady step…a tall, thin, man, slightly bent with the weight of years, of pale complexion, and features somewhat careworn but lighted up at once with that benignant expression which is indicative at once of a gentle temperament and a kindly heart, “Chief Justice Taney. To his right and left were, John McLean of Ohio and James Moore Wayne, of Georgia, respectively (Hopkins