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Sunday, November 19, 2006

LAD #14 Dred Scott vs. Sanford

Roger Taney's Decision in the Dred Scott vs. Sanford Supreme Court case
LAD #14

Although the court had favored a more moderate decision for Sanford, whilst disregarding the issues of Negro citizenship and the constitutionality of the Missouri Compromise, this decision was disregarded; as Justice Nelson was replaced with Roger Taney, for Nelson had passed the “majority” opinion off as his own. Ironically, the two most anti-slavery justices may have forced a more pro-slavery opinion than what the majority originally planned to decide, in regard to Justices Curtis and McLean. The conclusion of this anticipated case was near completion by February 1857, and President Buchanan used this information in his inauguration address, to support the court. Buchanan stated “ To their decision, in common with all good citizens, I shall cheerfully submit, whatever this may be.” March 6, 1857, 80 year old Taney appeared with nine other justices to report their decision. Their opinion stated that Negroes, even free Negroes, were not citizens of the United States, and that therefore Scott, as a Negro, did not even have the privilege of being able to sue in a federal court. Additionally, with consideration to the Missouri Compromise, the territories acquired from France in the Louisiana Purchase of 1803, were dependent upon the national government, and the government could not act outside its framework as set forth in the Constitution. Therefore the Supreme Court ruled in favor of Sanford as the Constitution made no distinction between slaves and property.

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