Dred Scott and the Unconstitutionals

          Dred Scott was a courageous and brave man. He was also a slave, a husband, and a father. He wanted the best for his family, which he believed was his job to give them. Therefore, he was determined to get them their freedom. After failing to buy them out of slavery, he decided to sue. The reason he believed this would/should work, is because he lived in a free territory.
          Many believed that he would win the case and their freedom because there were many other cases similar to his that have won. However he lost the case because he " failed to provide a witness to testify that Scott was in fact a slave belonging to Eliza Emerson." He sued again, and lost again.

Scott's News Trials

          However, that didn't stop Scott. When he was sold to Sanford, he decided to sue him as well. The Supreme Court's decision was that it wasn't their problem or job to deal with slaves in the territories. This is because they believed that slaves weren't protected by the Constitution since it states "...nor shall any State deprive any person of life, liberty, or property..." and they believed the slaves to be the property of their white counterparts. Also, since Scott was African American, they didn't see him as an American, so they didn't think he had the right to sue in a federal court.  Therefore, Dred Scott and his family stayed enslaved. However, the fight was far from over. People against slavery were infuriated by the Supreme Court's decision. Here's an excerpt of a article that was written by an angry citizen:

The Courageous Dred Scott


 

"The three hundred and forty-seven thousand five hundred and twenty-five Slaveholders in the Republic, accomplished day before yesterday a great success — as shallow men estimate success. They converted the Supreme Court of Law and Equity of the United States of America into a propagandist of human Slavery. Fatal day for a judiciary made reputable throughout the world, and reliable to all in this nation, by the learning and the virtues of Jay, Rutledge, Ellsworth, Marshall and Story!

The conspiracy is nearly completed. The Legislation of the Republic is in the hands of this handful of Slaveholders. The United States Senate assures it to them. The Executive power of the Government is theirs. Buchanan took the oath of fealty to them on the steps of the Capitol last Wednesday. The body which gives the supreme law of the land, has just acceded to their demands, and dared to declare that under the charter of the Nation, men of African descent are not citizens of the United States and can not be — that the Ordinance of 1787 was void — that human Slavery is not a local thing, but pursues its victims to free soil, clings to them wherever they go, and returns with them — that the American Congress has no power to prevent the enslavement of men in the National Territories — that the inhabitants themselves of the Territories have no power to exclude human bondage from their midst — and that men of color can not be suitors for justice in the Courts of the United States!"

          This case also made it seem as if slavery was starting to catch on and expand. Therefore, the Northerners were a little frightened for what was to happen next. However, it turned out to work in their favor. The few Southerners that were anti-slavery finally put their foot down and decided to stand up for their views. This caused the Republican party to strengthen.

Thanks to these websites for making this blog possible:

1. www.nps.gov
2. www.pbs.org
3. www.wikipedia.org