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Case Summary: Dred Scott V. US

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Dr. John Emerson took his slave, Dred Scott, from Missouri to Illinois and Minnesota where they resided from 1834 to 1838. Illinois and Minnesota are located in the territory north of 36° 30' and identified as free states under the Missouri Compromise. Scott returned to Missouri in 1838 and years later, Dr. Emerson died. Scott brought suit against Emerson’s widow in the Missouri courts, claiming his residency in free territory changed his status to free. The lower court decided in favor of Scott, but in 1852, the Missouri Supreme Court reversed the decision. Scott’s ownership was transferred to John Sanford, the brother of Mrs. Emerson’s new husband. The family filed a suit on Scott’s behalf against Sanford in the U.S. Circuit Court in Missouri, where Scott appealed to the Supreme Court on a writ of error. The ruling in the U.S. Circuit Court in Missouri was in favor of Sanford. Scott brought suit to the Supreme Court to decide on his status of citizenship and the rights he could receive from the Constitution.
Issue
Is a slave who was taken into free territory able to become a United States citizen and receive rights from the Constitution?
Rule …show more content…
“citizens.” The Declaration of Independence and Articles of Confederation were used to ensure the intent of the Framers in the Constitution. The Missouri Compromise identified territory where slaves were considered free, which included Illinois and Minnesota. Strader v. Graham (1851) decided the status of slaves was to be decided by the original state the slaves were from rather than the free states to which they

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