Human Rights a Day

March 6, 1857 - Dred Scott

03.06.2018 - By Stephen HammondPlay

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U.S. Supreme Court’s Dred Scott decision outlaws slavery. Dred Scott was a black slave who lived in the slave state of Missouri. In 1846, when Scott’s master moved briefly to Illinois and Wisconsin – both “free states” – before returning to Missouri, Scott saw an opportunity to sue for his freedom. Scott won his case in Missouri, only to have the Missouri Supreme Court overturn the ruling. When the case proceeded to the U.S. Supreme Court, seven of the nine justices decided against Scott on March 6, 1857. Scott was not free and could not have the same rights as a white man, they stated, because blacks were “beings of an inferior order.” Justice Roger B. Taney’s decision also stipulated that Negroes could not sue in federal court and had "no rights which any white man was bound to respect." Nor did the court stop there. The judges declared federal laws against slavery to be unconstitutional; the U.S. Congress and territory legislature had no right to ban slavery, they explained. And finally, they argued, because the 5th amendment of the constitution guarantees property rights and slaves are property, Congress has no right to interfere. Southerners were happy with the decision; Northerners were not. Instead of putting the issue of slavery to rest, the decision ended up so aggravating those who were opposed to slavery, that it had an impact on the country entering into civil war in 1861. Hosted on Acast. See acast.com/privacy for more information.

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