John Emerson's Execution Essay: The Dred Scott Decision

Born in 1800, Dred Scott was born a Negro slave in Virginia, and later was taken to Missouri. (Rawley 188) Dred Scott was sold to army surgeon, John Emerson. John Emerson was a surgeon and because of his profession, he always traveled the country. According to the Missouri Compromise, Wisconsin fell under the free land. After John died, Eliza Emerson, John’s wife, gave the custody of Dred and Harriet Scott to his brother, John Sanford. Dred Scott wanted to demand what all enslaved people wanted: his freedom. Soon after Dred Scott sued for his freedom. The court ruled that he would still have to be a slave because he was in a slave state. (Rawley 187) Eventually, Dred Scott took his case to the Supreme Court, but the court invalidated the Missouri

For the issue of first question it was ruled that Dred Scott could not sue, because he was not a citizen of Missouri, and therefore courts had no jurisdiction. Chief Taney stated that no “negro”, not even a freeman could be a citizen under the constitution. Third question that Taney claimed was the question of whether the Missouri Compromise was constitutional or not, in which Taney goes on to say that Missouri Compromise was unconstitutional. (Klingaman 28) This was the second time that the Supreme Court used its power of Judicial Review to find a federal congressional act unconstitutional. First one was Marbury v. Madison in which the decision established the court's power of judicial review over action of Congress. Also invalidating Missouri Compromise of 1820 was the first time in supreme court history where the court struck down a piece of federal legislation. (Gienapp 216) Missouri Compromise was a federal statute, which regulated extension of slavery and maintained balance of power between free states and slaveholding