Dear Supreme Court, Am I free? I was recently in Illinois for about 2 years. Does this not count for all states? -Dred Scott
1831 Nat Turners Rebellion
Is Scott a citizen?
Is the Missouri Compromise constitutional?
1861 Civil War
Does living in a free state mean your free in all states?
The person who wrote their opinion on this matter is Chief Justice Roger B. Taney.
Dred Scott was an enslaved African American who was owned by Dr. John Emerson. Emerson took Scott to Illinois and Wisconsin for two years. At the time, Illinois was free but not Wisconsin. When they came back, Emerson died.
Scott returning to Missouri makes him a slave. He must follow Missouri's laws.
I have the perfect solution.
Oh, and this?
WHAT? But in 1856 we thought Congress held rights to ban slavery in federal territories!
In 1846, Scott sued for his freedom. But, it reached the Supreme Court in 1857. The lower court supported his case but the Missouri Supreme Court did not, This began the Dred Scott Case, a case where the Supreme Court answered three important questions.
Check out the Fifth Amendment in our Constitution.
That piece of junk is unconstitutional.
The issue presented by one Dred Scott is very easily answered. To answer the courts questions is simple as well. Dred Scott...
The Supreme Court questioned these three things. They came to an answer when someone wrote their opinion on the matter.
What Congress plans to do in the future will prohibit us to ban slavery.
Taney answered African Americans do not have the same rights as white men do. He also stated that enslaved or not, African Americans are no citizens of the U.S. and can not file suits to the government.
Laws of Missouri
~~~~~~~~~~ ~~~~~~~~~~ -Henry Clay
This also led to the Missouri Compromise being unconstitutional due to the Fifth Amendment. White Southerners were very happy about this while northerners were scared about the spread of slavery. Republicans were upset since they argued in 1856 that Congress held the right to ban slavery.
Fifth Amendment: No one can be deprived of life, liberty, or property without due process of law.
While northerners feared about the spread of slavery, they had a voice. Abraham Lincoln is an Illinois lawyer who spread his concern about the future ruling of Congress and how it would prohibit the fight for no slavery.