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What the dred scott case did for the world
Slavery in america society
Slavery in america society
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Celia was repeatedly raped by her master and resulted in her giving birth twice furthermore resulting in her current pregnancy in which resulted in a stillbirth. When the murder on June 23rd, 1855 happened, Celia was caught, confessed and indicted. Her defense attorney tried with all his power to get her a fair trial but the odds were against her, being Missouri was a proslavery state and her being a slave. The judge presiding the case would not cooperate and rejected every instruction in her defense. Her defense attorney exhausted every attempt in his power but it held no weight in court.
Jameson wanted the jury to be “focused on the sexual nature of the relationship” between Celia and her master (McLaurin, 96). Jameson wanted the jury to focus on the sexual relationship between Celia and her slave master so that the jurors would understand why she fought back against her master. Attorney Jameson wanted to defend Celia so that she would have a fair trial in the midst of the slavery controversy. One of the tactics that Jameson used was legally questionable; however, it was also morally appeasable the actions that he took outside the courtroom to try and save this young girl’s life. Jameson wanted to show that Celia was morally justified in her decision to defend herself from yet another unwanted sexual encounter with her master.
Dred Scott was a slave for Dr.John Emerson , while traveling with Dr.Emerson Dred Scott was taken into the free state of Illinois. In 1836 , after staying in Illinois for two and a half years , Dr.Emerson decided to move to Wisconsin with Dred Scott. Dred Scott's stay in Illinois and Wisconsin both being places where slavery is prohibited , were chances for Scott to to make a claim to the court in the free states. After Dr.Emerson had died in 1843 , Dr.Emerson’s wife took over Scott and his wife. Dred Scott offered to buy his wife’s and his own freedom from Mrs.Emerson for $300.
This memo is in reference to the above captioned client and his court date in front of the Honorable Judge Minehart scheduled for March 1st, 2018. Mr. Franklin Scott is a 36 year old African American male currently incarcerated at the Curran Fromhold Correctional Facility. Mr. Scott has been incarcerated since November 20th 2016. He has been charged with the following: Possession of a Firearm, Carrying a Firearm without a license, Carrying a Firearm in Public, and Possession of Marijuana.
Finally, on June 23, 1855 Celia killed Robert in self-defense after he tried to rape her again. On October 10, 1855 a jury found Celia guilty of murder in the first degree and was eventually hung on December 21, 1855. Within the investigation and trial of Celia there are several things that made her trial unjust and therefore warrant her pardon.
During the year of 1857 the Dred Scott case was investigated through the Supreme Court of the United States. The relationship between the North and South became chaotic. The North understood the necessity of slavery for the Southern states because of the circumstances involving farming, acres of land, and beliefs; however, the North did not have the same need. The Supreme Court's ruling of African Americans denied them U.S. citizenship as well as the right of freedom because of their classification as slaves.
There are many other familiar laws addressing slaves makes me believe slaves were property and it is looked as thievery. An example of this is the fifteenth law, “if a man should enable a palace slave, a palace slave woman, a commoner’s slave, or a comer’s slave woman to through the main city-gate, he shall be killed”
“May pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners”. This shows the side of the south saying they could claim their slaves since they are considered property and it doesn't matter if they are in a free or slave state. This went against dred scott and was a main reason on why he lost in court. On the other side Frederick Douglass speech on the the Dred Scott decision he talks about how “we the people” means everybody including slaves all men and woman of the united states. He goes on to say all citizens have the same rights so how could the south deprive black people the right to freedom, life and liberty.
This shows slaves were not treated fairly. “Consequently, the epical rights and immunities guaranteed citizens do not apply to them. And not being”citizens” (Doc C). This is showing that african americans don’t get the same rights.
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.
In 1846, Scott sued his and his family’s freedom, but was rejected by the Supreme Court 11 years later. The final ruling had an immense impact politically, economically and socially. (Bell. “Civil War on the Western Border”). Chief Justice Roger B. Taney wrote an opinion against Scott, which makes logical sense since he is a southerner.
In the document, “Chief Justice Roger Taney Determines the Legal Status of Slaves, 1857,” Roger Taney raises the debate on whether or not black people should be considered as fellow citizens of the United States and be provided with the rights and privileges that other citizens of the United States are entitled to. Taney specifically discusses about the right to stand in court in this document and judges whether or not a black person is allowed to sue someone. Taney declares that all citizens of the United States are granted the right to stand in court, but black people aren’t as they aren’t citizens of the United States and never have been. Taney bases this judgment on the idea that black people are an inferior race that come from a long history of slavery and are descendents of slaves that were sold to the United States long ago. Taney believes that
I could only imagine how crushed she must have felt… she was in the position she was in because of him, he was the reason that she killed her owner, then he just gives her up? After being questioned no one believes that Celia could have committed the murder by herself. They are convinced that someone else had to have helped her burn the body. Celia was soon arrested and sent to Calloway jail to wait for her trial in October, even after being arrested she was still being interrogated to see if she would lie and say that she had help in the murder of her owner. John Jameson was Celia’s defendant, he was a Christian man, meaning that he would be more compassionate.
In the North, slavery has been fizzling out after the American Revolution, as it proved not profitable. In the South, farmers are still very defensive over the slaves claiming that blacks were incapable of caring for themselves and that being a slave is keeping them fed, clothed, and occupied while the Northerners doubt the benevolence of slavery. Husbands, wives and children are frequently sold away from one another and there is much punishment through whipping. In the United States Supreme Court, the Dred Scott Decision of 1857 ruled slaves to be subhuman property with no rights of citizenship.
Another human rights that was also stripped from African American slaves was the right to liberty and freedom. The right to liberty and freedom is the right of everyone being born equal, the right to having your own thoughts and ideas, and everyone in the world has the right to be treated in the same way. The right to liberty and freedom was stripped from African American slaves when every white slave owner/masters would treat them as if they were property. In document 1, a speech given by Frederick Douglass in 1850, he tells us that slave owners/masters had absolute power over the slave which allows them to do anything they please. In one part of his speech, Douglass specifically states,”The law gives the master absolute power over the slave.