Lower Court And Scott example essay topic

This commentary will focus on the impact of the Dred Scott decision in America. Dred Scott was born a slave in Virginia to the family of Peter Blow originally. The family moved to St. Louis and sold Scott to Dr. John Emerson, a military surgeon stationed at Jefferson Barracks. Scott traveled with Dr. Emerson to different areas such as Illinois and Wisconsin territories, where slavery was prohibited. This is because of the Missouri Compromise, this compromise was created to end expansion of slavery and permitted Missouri to entered as a slave state and Illinois was entered as a free state. Because Scott had traveled to free territory, he felt that he was a free man and sued to be free.

The first case is against Emerson's wife and is dismissed based on a technical issue, the second case Scott wins the right to be free, however the case is appealed to Wisconsin Supreme Court who disagrees with the lower court and Scott remains a slave. Scott lawyers filed suit in the U.S. Federal Court and this time it's against Mrs. Emerson's brother whom took over the estate due to her remarriage, his name was John F.A. Sanford. The United States Supreme Court first hears the case in 1854 and then again in 1856. The case gains public and political attention. It affected the presidential election in which it would cause a candidate to agree or disagree with the high court. Congress begin debates on its power to control slavery specific territories, eventually they left it up to the high court to decide on the case.

Many Americans awaited the Supreme Court's decision as well as President-elect James Buchanan. It was evident that Buchanan knew what the outcome of the high decision would be as you read the inaugural address given below: A difference of opinion has arisen in regard to the point of time when the people of a Territory shall decide this question (of slavery) for themselves. This is, happily, a matter of but little practical importance. Besides, it is a judicial question, which legitimately belongs to the Supreme Court of the United states, before whom it is now pending, and will, it is understood, be speedily and finally settled. To their decision, in common with all good citizens, I shall cheerfully submit, whatever this may be. The Supreme Court ruled on this matter and it was in favor of Sanford, the court ordered that Scott was not a free man and that he was to remain as a slave.

The court swayed away from the issue of Scott's travels to areas in which slavery was prohibited and focus on whether he was a citizen of the U.S. They found that because he was imported in the country, by way of his ancestors, he didn't have the same rights and privileges stated in the Constitution. The Constitution couldn't deprive citizens of their right to property and that included slaves. The Missouri Compromise was the reasoning behind the suit for Scott, was ruled unconstitutional by the high court. The court affirmed the decision of the lower court.

Whether consciously, unconsciously, or subconsciously white people must have realize that this ruling would only fueled those who believe that slavery was inhumane, would bring about civil unrest, and that negroes wouldn't continue to be treated as not humans. The decision that the high court made at that time was of self-interest only. There were some whites during this period actually on the side of Scott, they felt that he should be a free man and supported the suit from the beginning. In reading about this case, I found this to be one of the most relevant issues for me. It great to know that not all whites during this time period supported such injustices done to a people.

For those who supported this type of action, I wonder if they ever thought about whether slavery was right or wrong. How did they justified doing just cruel acts to a peopled based on the color of their skin? Was this the way they felt slaves should be treated? How was this mentality allowed to grow and be accepted?

These are just a few questions that I wish I had answers to; sometimes I'm angry with this. But I've accepted the past and very proud of the strides black people made, it was hard struggle but it eventually prevailed. It prevailed on the belief that every man was created equal with the same rights and privileges and that color shouldn't be a barrier. That even though yours ancestors may be from a different country, that once born in the country, you are a natural born-citizen of the United States with the same rights as your fellowman. Even though Scott died before ever obtaining his freedom, he set in place a fight for slavery to end. This fight would be known as the Civil War, between the North and South.

The North would be victorious in war and would set in motion the beginning to the end of slavery.