Dred Scott was
a slave who sued for his freedom in a case presented
to the Supreme Court of the United States in 1856.
The case, Dred
Scott v. Sandford, is one of the
most famous cases of all time.
Scott's lawyer argued that although he
and his wife were slaves, since they had lived
in the Illinois Territory (where their owner, Dr.
John Emerson often traveled to), where slavery
was illegal, they were entitled to their freedom.
The case went through various local courts until
it was heard by the U.S. Supreme Court. According
to Chief Justice Roger Taney, Dred Scott and his
wife were not entitled to bring the lawsuit before
the Supreme Court because they were not official
citizens of the United Slaves. Seven out of the
nine justices agreed. In essence, the court declared
that Slaves had no rights and no claim to freedom.
In addition, Taney invoked the Fifth Amendment,
claiming that private property could
not be taken from its owner without due process.
In addition, the court also ruled that the institution
of slavery could not be prohibited in new territories,
and that the Missouri Compromise of 1820 was unconstitutional
(which prohibited slavery in some of the lands
acquired on the Louisiana Purchase ). To abolitionists,
the decision confirmed their fears that Southerners
were intent on extending slavery throughout the
nation. The ruling increased the tension between
politicians in the North and the South and reduced
the chance for any diplomacy or negotitations that
may have prevented war.