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Example research essay topic: Kansas Nebraska Act Dred Scott Case - 1,183 words

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... the cases of Dred and Harriet Scott and Mrs. Emerson were identical, they would become one single case. The facts of the case were filed on March 1850, but the court didnt hear the case until 1852. Part of the problem the Scotts faced with the delay was that Missouri was beginning to feel increasing political pressure over the question of slavery.

The state found itself in an awkward position, since it was bordered on three sides by free states. The pressure of the free territory around Missouri made Missouri's proslavery legislature to guard against antislavery laws. Since Missouri was being pressured by free territory, the state supreme court judges who heard the case decided to reverse the previous courts decision and reject Scotts claim to freedom. In the Autumn of 1851, Judge William Scott and Judge Hamilton R. Gamble joined Judge John F. Ryland in reconsidering the Scott case.

On March 22 nd, 1852, Judge Scott handed down the decision, which was that they favored for Mrs. Emerson. The Scotts didnt file a quick appeal with the Supreme Court, but instead, they waited until Mrs. Emerson gave the Scotts to her brother, John Sandford. On November 2 nd, 1853, the Scotts filed their case against Sandford in the Circuit Court of the United States for the District of Missouri. The suit accused Sandford, who was a citizen of New York, of illegally assaulting, holding, and imprisoning Dred Scot, Harriet Scott, and their two daughters, all citizens of Missouri.

This On April 7 th, 1854, Sandford and his attorney, Hugh A. Garland, challenged the courts right to hear the case based upon the fact that Dred Scott descended from slaves of African blood, therefore never being a true citizen of Missouri. Judge Robert W. Wells denied the challenge, stating that for the purpose of this case, citizenship implied nothing more than residence in a state. After a very long legal plan, the case finally came to trial on May 15, 1854. During the hearing, neither Scotts or Sandford's lawyers called any witnesses or introduced any evidence that had no already been presented to previous courts.

The jury returned a verdict in Sandford's favor. Since the trial went to quickly, Alexander Field, Scotts attorney, filed a bill of exceptions, which is the first step necessary to take the case Scotts work is becoming more and more difficult. He has to find a new attorney who could argue the case before the Supreme Court. They wanted an experienced lawyer who was willing to donate his fee for legal services. Many months passed, and Scott still had neither an attorney or the money to get the case. On Christmas Eve of 1854, Alexander Field wrote to Montgomery Blair suggesting that he or some other Washington attorney might serve the cause of humanity (pg. 44, The Dred Scott Case: Slavery and Citizenship) Meanwhile, the Sandford's didnt have a hard time at all finding an attorney.

The two attorneys were Henry S. Geyer, and Reverdy Johnson. Henry S. Geyer was a respected member of the Missouri State Bar, and Reverdy Johnson was a former senator and attorney general under President Zachary Taylor. Those two attorneys were among the most respected constitutional lawyers in the country.

The written notes of Dred Scott v. Sandford was delivered to the Supreme Scott was waiting for the Supreme Courts decision, which were the effects of the Kansas-Nebraska act, were beginning to take hold. The Kansas-Nebraska Act was passed by congress in 1854. It provided that two new territories, Kansas and Nebraska, were to be made from the Indian land that lay west of the band of the Missouri River, and north of 37 degrees latitude. Senator Stephen A. Douglas of Illinois introduced the bill into Congress.

Finally, on February 7 th, 1856, Blair filed his summary of the case. Blair argued that when Scott had gone to Illinois state constitution specifically forbade slavery in that state. He argued that as soon as Scott set foot in Illinois, he was free from slavery. Scotts arguments consists of him being a slave in the slave state of Missouri. Scott had traveled to the free state of Illinois, upon which action he became free. The principle of permanent emancipation entitled Scott to remain a free man after returning to Missouri; once free, always free, the principle said.

Scott indeed had the right to sue for his freedom in federal court because he was a citizen by virtue of his residence in one of the United States of America. Sandford's Arguments consisted of three elements: 1) The restrictions on slavery and the Missouri Compromise were invalid because Congress did not have the authority to decide the issue of slavery in the territories. 2) Scotts traveling to Illinois Territory did not, therefore, make him a free man. #) Scotts return to Missouri, a slave state, meant that since he had never been a free man, he kept his status as a slave. (pg. 54, The Dred Scott Case: Slavery and On March 6 th, 1857, Taney, Chief Justice, began reading a shortened summary of his opinion in a crowded courtroom. By May 13 th, Taney's opinion had not been released for publication. In late May, Taney's official opinion was released. The Supreme court had decided once and for all that Dred Scott was still a slave and that the Missouri Compromise was unconstitutional, a finding that made it null and void. This ruling had been long awaited and it was received by many.

All that remained of this case is the effects on society. The impact of the Dred Scott decision spread quickly throughout the land. From local papers, to the politicians, everyone had an opinion to the decision and it affected them in some way. Those opposed to slavery had been working for the release of all slaves directed their anger towards the Court. They were determined to see Dred Scott reversed in order to stop the spread of slavery throughout the US Legislature. Republicans thought that by taking over the executive and legislative branches of the government, they could place pressure on the court to reconsider its decision.

Throughout the Civil War years, President Lincoln, who was an abolitionist, clashed with Chief Justice Taney. During the next three years, Taney opposed nearly all action taken by Lincoln in the name of the federal government. In the long run, it wasnt the decision of the Supreme court, or the opinion of Roger Taney, nor it was the Civil War, constitution amendment or the Emancipation Proclamation that was the beginning of the end of slavery. It was the determination of a highly respected man with common sense and a great determination to fight for what he felt was right. To summarize that in one word, that man would be Dred Scott. This event would be a momentous decision because it affected many people then and now.

Without this first step to freedom of the slaves or African Americans, then life wouldnt be like it is. Instead, it would be much different, just like back then. Bibliography:


Free research essays on topics related to: kansas nebraska act, missouri compromise, courts decision, dred scott case, supreme court

Research essay sample on Kansas Nebraska Act Dred Scott Case

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