Slavery was pervasive in the South of the United States, where virtually all states in this territory relied on cash crop farming and as such used the slaves to perform manual work. The slaves were treated harshly and subjected to horrible conditions to provide sordid labor. On the advent of President Abraham Lincoln’s rule, various reforms began that ushered in the battle for slave freedom. The northern states were utterly averse to slavery while about ten southern states clung on and defended it on the basis of managing their economy. This dissension culminated in the American civil war from 1861-1865. While opinions were diverse among individuals, the people in authority had an opportunity and great capability to put an end to the bloodiest war that raided America. In light of these historic events, this essay dwells on the views of contemporary mainstream American elites in the judicial system in order to determine the impact that they had in this battle.
Case Study: Dred Scott v. Sandford (1857)
This was a legal matter that drove the United States from a state of uneasy peace to bitter conflict. For the last two decades of the eighteenth century to the mid-nineteenth century, there was the case of whether or not slavery was permissible in the new states. This threatened to weaken the Union. Dread Scott, drawn from Missouri to Chicago (Illinois and Minnesota) posts was a slave to John Emerson, who was an army surgeon. Scott sought legal action for his freedom in 1846, basing on the ground that he was staying in a Free State. The verdict ruled that African-Americans in slave territories were not free; African-Americans did not comprise the sovereign people who made...
... middle of paper ...
... period in history has there ever been a rationale of using color and race as a basis for citizenship. In addition, Taney’s view in retrospect is a profound hindrance to develop on every aspect. Embracing diversity is a pivotal factor in steering progress, such as is evident in the modern global world; countries trade with one another regardless of economic status or mere concerns of color.
The above considerations drove the United States into an unprecedented war. While McLean’s view was an informant of human rights to the slaves and all anti-slave proponents, Taney 's opinion and the consequential ruling was an incitement to a fight for emancipation. Therefore, it is justifiable to conclude that McLean’s contribution to the emancipation was a positive effect of the reconstruction while Taney’s conservative views were the triggers of a horrendous war.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Roger B. Taney and John McLean: On Dred Scott v. Sandford case Slavery was pervasive in the South of the United States, where virtually all states in this territory relied on cash crop farming and as such used the slaves to perform manual work. The slaves were treated harshly and subjected to horrible conditions to provide sordid labor. On the advent of President Abraham Lincoln’s rule, various reforms began that ushered in the battle for slave freedom. The northern states were utterly averse to slavery while about ten southern states clung on and defended it on the basis of managing their economy.... [tags: American Civil War, Slavery in the United States]
1111 words (3.2 pages)
- In 1857, the United States Supreme Court made a stunning decision to uphold slavery in the territories, denied the legality of black citizenship, and declared the Missouri Compromise of 1820 unconstitutional. The Supreme Court case, DRED SCOTT VS. SANDFORD reached the Supreme Court in 1857 after the Missouri Supreme Court against Scott in 1852. Scott’s next step was to take his case out of the state judicial system and into the federal judicial system. After going through the U.S Circuit Court for the District of Missouri it was finally heard by the Supreme Court.... [tags: Slavery in the United States]
1059 words (3 pages)
- Dred Scott v. Sandford Dred Scott was born a slave in the state of Virginia around the 1800's. Around 1833 he was purchased from his original owner, Peter Blow, by John Emerson, an officer in the United States Army. Dr. Emerson took Dred Scott to the free state of Illinois to live, and under it's constitution, he was eligible to be free. In around 1836, Dred Scott and his owner moved to Wisconsin territory, a territory that was free under the Missouri compromise. It was in Wisconsin that Dred Scott met and married Harriet Robinson.... [tags: Legal Law]
1089 words (3.1 pages)
- Dred Scott v. Sandford Was Dred Scott a free man or a slave. The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitution... [tags: American Civil War, Slavery in the United States]
951 words (2.7 pages)
- From my perspective, I think the arguments in the Dred Scott case are similar in a way to the earlier ones over the scope of national power, but I also think it weakens the federal government in a way. By ruling in favor of Sandford, it caused a void on the Missouri Compromise to come into affect. This was put in place by the federal government and now after a Missouri state case ruling, it has to be voided away. This shows that states powers are kind of stronger than the federal government because they made them change the rules they put in place in the first place.... [tags: American Civil War, Slavery in the United States]
1029 words (2.9 pages)
- Dred Scott Case Justice vs Jurisdiction "Justice v. Jurisdiction, Research Paper on Dred Scott v. Sandford" Described as being poorly educated, indigent, feeble, and ill prone, Dred Scott seemed consistent with society's definition of the black slave. However, he was an articulate man who changed our society and American standards. Married to Harriet Scott with four (4) children, Dred wanted to provide his family with a sense of dignity and decency that a free man's status would warrant him. He was the cause of a change in how society viewed Negroes.... [tags: essays papers]
1907 words (5.4 pages)
- Dred Scott v. Sanford case of 1857 was a very controversial case in the United States. The Supreme Court ruling is considered to be the worst in history and one of the leading causes of the Civil War. The Supreme Court said that Americans of African descent, free or slave, were not American citizens and could not sue in federal court. This ruling was unconstitutional because the Constitution states that “all Men are created equal.” This ruling is also violating your 14th amendment rights. I don’t think there is a difference between legal and ethics.... [tags: Slavery in the United States]
1380 words (3.9 pages)
- Scott v. Sandford (1857) Dred Scott was held as a slave to Missouri resident Dr. John Emerson. In1834 Scott traveled with Dr. Emerson to the state of Illinois, and in 1836 to areas of present day Minnesota only to finally return back to Missouri in 1838. Slavery was forbidden in the state of Illinois and under the Missouri Compromise of 1820 was also forbidden in the traveled areas of Minnesota. Upon the death of his owner, Scott sued for his freedom on the grounds that since slavery was outlawed in the free territories he had temporarily resided in, he had become a “free” man there.... [tags: essays research papers]
885 words (2.5 pages)
- The landmark Supreme Court cases of Dred Scott v. Sandford, Plessy v. Ferguson, and Brown v. Board of Education of Topeka, Kansas have had a tremendous effect on the struggle for equal rights in America. These marker cases have set the precedent for cases dealing with the issue of civil equality for the last 150 years. In 1846, a slave living in Missouri named Dred Scott, sued for his freedom on the basis that he had lived for a total of seven years in territories that were closed to slavery.... [tags: Landmark Civil Rights Cases]
844 words (2.4 pages)
- The Dred Scott Decision The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps on the road to secession. Dred Scott was a slave who was taken to Missouri from Virginia and sold. His new master then moved to Illinois (a free state) for a while but soon moved back to Missouri. Upon his master's death, Scott claimed that since he had resided in a free state, he was consequentially a free man. The case eventually made it to the Supreme Court. As stated by Supreme Court Justice C.... [tags: American History]
2548 words (7.3 pages)