Topic > Dred Scott v. Sanford - 917

Dred Scott, an African American man born into slavery, wanted what all slaves would want, their freedom. They were abused, neglected and treated not like human beings, but like property. In 1852, Dred Scott sued his current owner, Sanford, accusing him of no longer being a slave, but a free man (Oyez 1). Article four of the Constitution states that every slave who sets foot in a free land makes him a free man. This controversy led to rulings by state courts and, ultimately, the final word of the Supreme Court. Is he a slave or a free man? Being born into slavery meant that Dred Scott was traded from owner to owner (Knappman 16-17). Its first owner, the Blows, died, and before their deaths they sold Scott to Dr. Emerson. Dr. Emerson soon gave Scott to his wife's brother, Sanford (Knappman 16-17). Scott tried to buy his freedom from Dr. Emerson's wife but she simply wouldn't accept (Dred Scott Decision 1). Because Scott moved from place to place as a slave, he was able to go to Illinois, which was a free state (Richie 40). Because of the Constitution, Scott used his rights to sue Sanford claiming he was a free man (Richie 40). With this in mind, this led to arguments on both sides, the prosecution and the accused. With the help of antislavery lawyers, they were able to assist the plaintiff, Dred Scott, in his case in court (Dred Scott Decision 1). Unfortunately, in the first trial, Scott lost because he didn't have enough evidence (Dred Scott Decision 1). Scott, determined to gain freedom, was given the option of a second trial (“Dred Scott Case Collection”). Their main argument, that Sanford violated their Fifth Amendment rights, won them the case in the second trial (Justia 1). The Fifth Amendment states that a person's life, liberty, or property may not be taken without due process of law. They were taking away Scott's freedom, but he deserved to be free because he was brought to a free state (Dred Scott Decision 1). Does all this controversy end here? With Sanford's defeat in the second trial, it didn't end there. Sanford's sister, Mrs. Emerson, appealed, and because of this, the case went to the Missouri Supreme Court (“Dred Scott Case Collection”).