Sunday, May 12, 2019
Scott v. Sanford Case Study Example | Topics and Well Written Essays - 500 words
Scott v. Sanford - Case get ExampleUpon his owners return to bit, Dred was then sold to Sanford who became the defendant in this gaucherie. The basis for the suit was that according to Abolishonist lawyers, Dred and his married woman had lived on unbosom ground for a period of time, with his daughter even born in the free states and therefore, could no longer considered a slave and was in effect, a free man. The main issue of this grimace was that Dred was asking the courts to decide as to whether he was no longer a slave and instead was non a citizen of the land and as such, should be accorded the same rights as a free man beneath the U.S. temperament (Dred Scott v. Sanford, n.d.). Dred sued for his freedom in 1853 in the federal court of New York under the Diversity jurisdiction provided in article 3. section 2 of the U.S. constitution. Judge Robert William Wells who heard this case directed his control panel to base the merits of the case on the Missouri law. As per the facts of evidence, Dred lost. All because he failed to present a notice who could attest to the fact that he was indeed a slave for Sanford.As expected, a case of this order at the time found its way to the U.S. Supreme Court where it was heard and decided upon by fountainhead Justice Roger B. Taney who was known as former slave owner in Maryland. It was his decision on this case that made Dred v. Sandford a highly precedential case since Judge Taneys decision effectively invalidated the Missouri Compromise (The Dredd Scott Decision, 1996).In his courts decision, seven out of 9 judges declared that no slave or descendant of a slave should be considered a citizen of America. (The Dredd Scott Decision, 1996). As such, Dred had no right to sue an American citizen, nor sue for his freedom in the federal courts. He was in effect, still a slave. Taney declared that the U.S. Constitution explains that no man should be deprived of his property and as such Dred,
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