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Issues between the federalists and anti-federalists
Arguments between Federalists and Anti-Federalists
Arguments between Federalists and Anti-Federalists
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Summary of Source The editorial discloses the power that the Court adheres to and whether it should be accountable for the decision making of fugitive slaves. The writer had discussed that in no way did the verdict of the Dred Scott case follow an act of law, but was merely “nullity.” During the settlement, they decided that since Dred Scott’s master had brought him on free land in Missouri or of the United States without having a citizenship, which resulted in him having no case. It continues on to say that the jurisdiction of the case was influenced by opinion, which did not involve any legalities.
Dred Scott Vs SandFord The case, Dred Scott vs Sandford, (1857) better known as the Dred Scott case was a crucial decision that affected America and it’s black population. Free blacks in America weren’t able to sue the court. The concept of popular sovereignty was also questioned, and blacks with ancestors were imported to America was slave could no longer become citizens. The Case ruled that slaves in free countries are still slaves.
According to Bricker Jason, “Dred Scott resided for several years with his owner in Illinois and the Wisconsin Territory, both of which prohibited slavery. Scott later claimed that this made him a free man, and he sued his owner to gain his freedom. The court ruled, “That slaves are property not people, or citizens, and that the Missouri Compromise prohibition on slavery about 36° 30° degree is unconstitutional” ( Edward T 398). The foundation of the division was seemly breaking further because the north felt the decision was in favor of the south, as it furthered their pro-slavery ideology as slaves were seen as something other than humans. Those who opposed slavery called it, “willful perversion of the law.”
Thus, the Compromise of 1850 became a temporary band-aid to the issue as the North received California as a free-soil state and the South agreed because of the stricter Fugitive Slave Code (Doc A). This obtained free-soil state assisted in the sectionalism growth in the United States as the power in government tilted towards northern favor from emerging free-soil and the previous Missouri Compromise boundaries for slavery. While the southern states were in desire of obtaining new slave territory, but their inability to expand slavery into their purchased territories tipped the equilibrium between the two (Doc B). Since the constitution outlined property, the southerners felt strongly about their deemed rights over their slaves because they were viewed as property. These emotions tie similar to the Dred Scott v. Sandford case, where the Supreme Court extended the clause of slavery into any territory because slaves, like Dred Scott, were claimed as property and the government was incapable of robbing a person of their property.
In the Dred Scott v. Sandford case in 1957, a black man named Dred Scott who at the time was living in Illinois and previously in free territory of Wisconsin before moving back to the slave state of Missouri, had gone against the government and appealed to the Supreme Court hoping he would get the grant of freedom. Scott attempted to sue the the Missouri courts for his freedom, but ultimately failed in the end. He was claiming that his residence in a freed territory made him a free man, but the courts resided. Eventually, Scott brought this case to the Supreme Court which caused a big dispute between the people in America about the
This created further division within the United States as more new territories chose sides. The Supreme Court ruling in Dredd Scott v. Sanford in 1857 declared that African Americans were not citizens and therefore Congress could not prohibit the expansion of slavery into the territories. That ruling emboldened slave owners, seeing it as validation of their rights, while it enraged
The aftermath of the Kansas-Nebraska Act began the violence known as Bleeding Kansas, which was the result of countless conflicts of pro-slaver and anti-slavery settlers. To make matters worse three years later, the Supreme Court issued its decision on the Dred Scott v. Sandford case. Chief Justice Roger B. Taney stated, “… the right of property in a slave is distinctly and expressly affirmed in the Constitution. The right to traffic in it, like an ordinary article of merchandise and property, was guarantied to the citizens of the United States, in every State that might desire it, for twenty years. And the Government in express terms is pledged to protect it in all future time….”11
In 1857 the court case of Dread Scott v. Stanford and in 1896 the case Plessy v. Ferguson were introduced into the Supreme Court. They showed people of color were not considered to be anything other than property; the whole majority had no regard for the feelings of another person. The notion of slavery was just coming to light in the United States. As time grew on, the slaves and former slaves were rightly becoming increasingly outraged. Through evaluating language of exclusion throughout both Dread Scott v. Stanford and Plessy v. Ferguson concurrently, anyone can recognize the effects of dehumanization negatively impacting members of the black community.
America’s founders created the constitution in order to create unification and order in the United States. However, there have been controversy surrounding the interpretation of the constitution, this has caused debate over many issues within the country. These issues and the lack of wartime policy within the constitution directly lead to the Civil War, which was one of the worst alterations this nation has faced. The Missouri compromise, the Dred Scott decision, and Bleeding Kansas were controversial issues surrounding the constitution that directly lead to the Civil War.
Another example of growing sectional divisions over the issue of slavery spreading is the Dred Scott Decision of 1857 (Doc 9). In this court case, the U.S. supreme court ruled that slaves have no rights, and that slavery was free to expand into the territories. This decision pleased southern defenders of slavery, and angered northern abolitionists, further dividing the
The Missouri Compromise Legally separated the the Northern states and the Southern States in 1820. Sectionalism had divided them due to economically differences, they could not decide as a country on how to deal with freedom and slavery, instead they drew a line down the damn country
The end result of the Dred Scott decision was Chief Justice Roger Taney 's decision that Congress did not possess the jurisdiction to stop slavery from spreading into other territories, even if they were considered free. Even worse, any free Black could now be allowably forced into slavery. Being forced into slavery was also seen as being beneficial to the free Blacks. Instead of reaching a decision as President Buchanan had hoped, it had started a rapid expansion of the conflict. This rapid expansion over the issue of slavery eventually led to the Civil War.
Throughout 1776 to 1852 the ever-changing United States was in the process of developing increasingly deeper and stronger attitudes toward the abolishment of slavery. In no other years, but those between 1776 to pre-Civil War, had the United States been as nearly determined to eradicate slavery. There were numerous reasons behind the need to put an end to slavery, some derived from the ideals of the Revolutionary War, the Second Great Awakening, Antebellum Reform Period, and Manifest Destiny. The Revolutionary War took place in order for Americans to gain independence from the British, and it not only fought for freedom, but also equality—one of the leading justifications for abolition. Moreover, the first Europeans came to America for religious
Dred Scott was sued for his freedom on the grounds that he had lived for a time in a "free" territory. The Court ruled against him, saying that under the Constitution, he was his master 's property. The people involved with this court case are the Supreme Court,Dred Scott, and Chief Justice Roger B. The final judgment for this case ended up in Dred Scott 's favor.
The people from Africa were generally part of early American history; however, Africans had experience slavery under better conditions compared to the conditions imposed by other civilized society. From the Egyptian Empire to the Empire of Songhai, slavery was practice for the betterment of their society, however, foreigners invaded these regions and took their slave, their ports and impose these people to a life of servitude in the Caribbean islands and in the English’s colonies. Furthermore, the African American slaves were an active agent of society in the earliest period of American history; they have brought new religious practices to their community; for instance, they constructed networks of communities; they had fought in war alongside