Dred Scott vs. Sandford (1857)
Background and Details
Dred Scott was a Missouri slave, owned by army surgeon, John Emerson. Emerson took Scott to Illinois as well as Wisconsin, which were both free states. Scott tried to sue once having moved back to Missouri, claiming that his residency of a free state made him a free man. Dred's master claimed that no negro of African descent and a descendent of slaves could be considered a citizen.
Decision
7 votes for Sandford, 2 against. It was declared that African Americans, slave or free, were only considered to be property. As property, Scott had no right to bring a suit to federal court. Emerson had the right under the 5th Amendment, to life, liberty, and property.
Precedent
No one of slave descent would be considered a citizen of the states. Slave owners had the right under the Constitution to their property, whether residing in a slave or free state. The Missouri compromise was declared unconstitutional because it deprived slave owners to bring their property with them anywhere they wanted.
Dred Scott was a Missouri slave, owned by army surgeon, John Emerson. Emerson took Scott to Illinois as well as Wisconsin, which were both free states. Scott tried to sue once having moved back to Missouri, claiming that his residency of a free state made him a free man. Dred's master claimed that no negro of African descent and a descendent of slaves could be considered a citizen.
Decision
7 votes for Sandford, 2 against. It was declared that African Americans, slave or free, were only considered to be property. As property, Scott had no right to bring a suit to federal court. Emerson had the right under the 5th Amendment, to life, liberty, and property.
Precedent
No one of slave descent would be considered a citizen of the states. Slave owners had the right under the Constitution to their property, whether residing in a slave or free state. The Missouri compromise was declared unconstitutional because it deprived slave owners to bring their property with them anywhere they wanted.