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Example research essay topic: Dred Scott Decision Supreme Court Of The United - 1,186 words

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A momentous decision is an important decision, or a decision of great consequence, that may affect a certain group of people to a certain extent, or it may affect the majority of people in many different ways. A momentous decision could also be an important decision that affects the majority of the population during that certain time period, or maybe affects the future populations to come. Another point of view of a momentous decision is a once in a lifetime event that happens, even if its in a fiction book. Examples of momentous decisions vary greatly on topics and time periods. A few examples are: the decision to drop the atomic bomb on Japan, Huckleberry Finns deciding he would rather go to Hell then betray his friend Jim, Rosa Parks decision not to move to the back of the bus, King Lears decision to divide his land, the famous court trial; Roe vs. Wade, the Dred Scott decision, Romeo and Juliets decision to be a couple, Solidarity's decision to resist the government of Poland, Aung San Suu Kyis decision to resist the government of Myanmar, Martin Luthers decision to nail his Ninety-five Theses to the door of the Wittenburg Cathedral, the decision of the New York Times to publish the Pentagon Papers, Richard Nixon's decision to visit China, etc.

As shown in the examples above, there were many momentous decisions during the past that have affected that certain time period, or might even affect present or future time periods as well. One of the many momentous decision that affected the mid 19 th century, 20 th century, and probably many more centuries to come is the Dred Scott The Dred Scott Decision was an important ruling by the Supreme Court of the United States on the issue of slavery. The decision, which was made up in 1857, declared that African American, free or slave, could claim United States citizenship. It also stated that Congress could not prohibit slavery in the United States territories, mainly speaking of the Midwestern territories. During the 1850 s in the United States, Southern support of slavery and Northern opposition to it collided more violently than ever before over the case of Dred Scott, a black slave from Missouri who claimed his freedom on the basis of seven years of residence in a free state and a free territory.

When the outweighed proslavery Supreme Court of the United States heard Scotts case, they that not only was he still a slave, but that the main law ensuring that slavery would not enter the new Midwestern territories of the United States. This decision sent the US into fights between the disagreeing groups. The chaos would end only after a long and bloody civil war fought primarily over the issue of slavery and its extension into the Midwestern territories. The Supreme Courts ruling in Dred Scott v. Sandford helped accelerate the arrival of the American Civil War by intensifying the already tense relationship between Northerners and Southerners. Dred Scott was the slave of a United States Army surgeon, John Emerson of Missouri.

Missouri was a state that permitted slavery, so there was no law that was broken. In 1834, Dred Scott went with Emerson to live in Illinois, which also prohibited slavery. They later lived in the Wisconsin Territory, but slavery was forbidden by the Missouri Compromise. The Missouri Compromise was a plan agreed upon the United States Congress in 1820 to settle the debate over slavery in the Louisiana Purchase area. The plan temporarily maintained the balance between free and slave states. In 1838, Dred Scott and Emerson returned to Missouri.

Emerson died five years later, and in 1846, Dred Scott sued the surgeons widow for his freedom. Unlike the states in the South, Missouri enacted slave laws that were based upon those of Virginia and Kentucky. These laws provided an opportunity for slaves to file suits for freedom, which made Dred Scotts decision completely legal. The suits of Dred Scott and Dred Scotts wife, Harriet, arent exactly known, but a possible answer that most historians believe is that Dred Scotts long-time friend and childhood companion, Taylor Blow, may have played a key role. Other historians feel the suits may have been started by an attorney who felt he could make a large amount of money form the case. There is also a possibility that it was Scott based his suit on the argument that his former residence in a free state and a free territory -- Illinois and Wisconsin -- made him a free man.

On June 30 th, 1847, with Judge Alexander Hamilton presiding, or as the head judge. Even with an ambiguous record, it seems that Scotts attorney, Samuel Mansfield Bay, the former attorney general of Missouri, spoke for the slave. Mrs. Emerson was represented by George W. Goode, a Virginia lawyer with a strong proslavery feeling. As mentioned above, Scotts lawyer, Bay, established the point of Scotts residence on free land, but besides that Bay relied on the testimony of Samuel Russell, who told the court that he had hired the Scotts from Mrs.

Emerson, paying Mrs. Emerson's father, Alexander Sandford. While being cross-examined by Goode, Russell admitted that it was actually his wife who had made all the arrangements, and that Russell didnt know anything more than what his wife had told him. Since that made Scotts case harder to prove, the jury was told to ignore Russell's testimony, but that testimony proved that Dred and Harriet Scott werent Mrs. Emerson's slave at all. After the court had realized that, the jury came up with the verdict for the defendant, which was Mrs.

Emerson. On December 2, 1847, Judge Hamilton ordered the case to be retried, but instead of having the same trial, Mrs. Emerson's lawyer filled a bill to have a new trial instead. The reason for why the bill was filled is because an error was made in the first trial. If the new trial had been accepted, it would have been transferred to the Missouri supreme court. Since it wasnt, that had the retrial.

As of the status of the two sides, Mrs. Emerson wanted them to remain as their slaves, and Dred and Harriet Scott ended up having to start all over again. The Blows, companion of Dred Scott, hated Mrs. Emerson and the Sandford's, so they were determined to do whatever it took to win. Before the trial was retried, Mrs. Emerson's family hired new attorneys, Hugh A.

Garland and Lyman D. Norris, to represent them instead of Goode. The case was finally retired on January 12, 1850, with Judge Hamilton preceding again. This time, the Scotts based their argument on the fact that Mrs. Emerson had hired Dred and Harriet out to several people, which proved that the were slaves. The jury found the case in the Scotts favor and declared them free.

Even though the Scotts were free, Mrs. Emerson didnt stop fighting. She tried to get another retrial, but that didnt work, so she appealed to the Missouri Supreme Court. The attorneys from both sides signed an agreement recognizing that...


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