Dred Scott Decision

Dred Scott Decision

Dred Scott Case: it provoked more comment – and more heated debate – than any other Supreme Court decision in the four decades before the Civil War. The Dred Scott Case became a central political issue in the 1858 congressional elections and in the 1860 presidential campaign. Privately produced pamphlet editions made the justices’ opinions accessible to the public. The case meant that slavery would be legal in all existing federal territories. The court,which heard his case, was considered geographically balanced.

Supreme Court Justices

Five justices (James Wayne of Georgia, John Catron of Tennessee, Peter V. Daniel of Virginia, John A. Cambell of Alabama and Chief Justice Roger B. Taney of Maryland) were from slave states. All five were Southern judges coming from slave holding families, although two of them, Taney and Wayne, no longer personally owned any slaves. The remaining four justices – John McLean of Ohio, Robert C. Grier of Pennsylvania, Samuel Nelson of New York, and Benjamin R. Curtis of Massachusetts – were Northerners who always lived in free-states. The apparent balance was deceptive; both politically and geographically.

Dred Scott; a fine description; Case in question: Can a Negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by that instrument to citizenship? Dred Scott was suing for that privilege…

Reply from the court; upon these considerations, it is the opinion of the court that the Act of Congress [The Missouri Compromise] which prohibited a citizen from holding and holding property of this kind in the territory of the United States north of the line [north thirty-six degrees thirty minutes north latitude] therein mentioned, not warranted by the Constitution, and is therefore void; and that neither Dred Scott himself, nor any of his family, were made free by being carried into this territory; even if they had been carried there by the owner, with the intention of becoming a permanent resident…
Upon the whole, therefore, it is the judgment of this court; that it appears by record before us that the plaintiff in error isnot a citizen of Missouri, in the sense in which that word is used in the Constitution; and that the Circuit Court of the UnitedStates, for that reason had no jurisdiction in the case, and could give no judgment in it.Its judgment for the defendant must, consequently, be reversed, and a mandate issued directing the suit to be dismissed forwant of jurisdiction; Expressly gives every citizen of the United States the right to carry his slaves into the United States’Territories; being able to lawfully drive the slave away from the territory as well. A translation: “no less than a thing may belawfully driven away from where it has lawful right to be.” -Speech at Columbus, Ohio. CW, 3:401-410, 417-425.

Take it Lying Down

Slavery: the granting of that power by which one man exercises and enforces a right of Possession-in the body and soul of another. He is a piece of property which is considered a marketable commodity; to be bought and sold at the will and caprice of the maser who claims him to be his property; he is spoken of, thought of; and treated as property. The person’s conscience, intellect and emotions are set aside and/or transformed by the master. The slaveholder dares to impede on the intellect given from the natural genes of the homosapien.
A comparison of the white man and the black slave is as follows; the slave works without wages and is depended upon to accomplish necessities of the master, all the while the white labouring man is assuredly forced to compete against a man whom which works without a high-wage. The white man is trapped within a system which robs its citizens. In comparison, the slave is robbed, of the freedom of normalcy, within his human societies. It is claimed that the black man loves civilization, which is the opposite of the competing Indian; He is not considered very progressive in his stance, in the Americas, but does enjoy the presence of the civilization–according to sources.
A Reverend Cotton Mather; “We know not when or how these Indians first became inhabitants of this mighty Continent, yet we may guess that probably the Devil decoy’d these miserable Savages hither, in hopes that the Gospel of the Lord Jesus Christ would never come here to destroy or disturb his Absolute Empire over them” – Magnalia, Book III, Part III.
As referenced, in The South Was Right, in 1788, eight years after the state of Massachusetts began judicial emancipation of its slave population, it passed a law ordering every black, mulatto, Indian who came into the state and remained for two months to be whipped publicly. This punishment was to be repeated until the effect of evacuation of these peoples was accomplished. This law remained in effect until 1834; purging out the “undesirables.” During this time, the slave trade continued to produce income through collected tax revenues. It is said, the North were not driven by the humanitarian or egalitarian request to free slaves; but the impulsive desire to remove persons for profit.

Consequent Aberration to Finale

The financial stability continued by sections. America continued to have difficulties with relying on each region to remain responsible to and to become accountable to; for written laws. Misinterpretations and hidden financial agendas remained a fiasco. The politics are explained in this essay… Financially, the United States has depended upon overseas “allies” for the escape of dependency within its own continent. Exploitation is the key within most of the communities offered during the Pre-Civil War times. The creative minds of the North were a force to be dealt with, especially with the backing of President Abraham Lincoln and, eventually, the “chess” game became too detrimental for the inhabitants without wigs; the federal government had the challenge of rearranging spaces on the board, in order to keep the game valid. Social and economic issues were stepping stones towards the battle field of the Civil War and the wars thereafter.

Feature Image Copyright: allegretto / 123RF Stock Photo


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