Thursday, November 7, 2013

Dred Scott v. Sandford case brief

Dred Scott v. Sandford case brief summary
60 U.S. 393 (1857)


CASE SYNOPSIS
Certiorari was granted from the Circuit Court of the United States for the District of Missouri finding that respondent was not liable to petitioner for assault. The trial court held that petitioner was a slave and, therefore, petitioner was merely property and respondent was allowed to treat his property as he thought appropriate.

CASE FACTS
The Supreme Court reversed the judgment for respondent and ordered the case dismissed for lack of jurisdiction. Petitioner was a slave of African descent. He brought suit in the federal court against respondent, his owner, for assault.

DISCUSSION
  • The Court held that petitioner was not a citizen of Missouri as asserted in his original complaint because he was not permitted to become a citizen, and no state had the power to grant him citizenship. 
  • Furthermore, the Court held that petitioner did not gain his freedom by being transferred into a territory of the United States declared free by Congress because Congress's power to make rules and regulations for territories only applied to those territories belonging to the United States when the constitution was drafted. 
  • Therefore, the law making the territory free was unconstitutional. 
  • Finally, the Court held that petitioner did not gain his freedom by being taken into the free state of Illinois because the property laws of one state could not grant petitioner's freedom. 
  • Therefore, the Court held that judgment against respondent was to be vacated and the case dismissed because the Court did not have jurisdiction over petitioner's complaint.

CONCLUSION

The judgment finding that respondent was not liable to petitioner for assault was reversed and the case was remanded with an order to dismiss the action for lack of jurisdiction. The Supreme Court held that petitioner was not a citizen and could not bring the action in the court because petitioner was a slave of African descent.

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