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Sunday, November 19, 2006

LAD#14 - Taney's Decision in the Dred Scott vs. Sanford Case.

The Supreme Court met on February 14th, 1857 for the first time to discuss the case of Dred Scott vs. Sanford. It favored a decision in favor of Sanford but did not consider the issues of Negro citizenship and the constitutionality the Missouri Compromise. Though the Court first elected Justice Nelson to write the majority decision, his decision was thrown out when it realized, that Nelson's ideas were the minority, and Chief Justice Roger B. Taney was instead elected to write the majority opinion. An opinion that would address all aspects of the case, and issues linked to it. President - elect James Buchanan contacted the Court in early February of 1857. She wanted to know since he needed to address such an issue in his inaugural address on March 4th. By inauguration day, Buchanan knew of the decision, and decided to support the Court in his address stating that: The issue has risen of when the people of a territory should decide the question of slavery for themselves. Though it has little practical important, it is a judicial question that is rightly being handled by the Supreme court, and that I (Buchanan) support whatever such decision will be. ON March 6th, 1857 a feeble Taney delivered the decision of the court; he questioned whether Negroes should even be considered citizens. That only citizens were granted the power by the Constitution to sue in a court, and Negroes, whether enslaved or free, were not citizens. Therefor concluding that Scott had no right to sue in a federal court. Then turning to the question of constitutionally of the Missouri Compromise, Taney said that Congress could not deny the citizens of the new territory freedom of speech. That an act which deprives a citizens of his liberty of property, just because he brought such property into a territory, is not justifiable. Taney also stated, the Constitution made no distinction between slaves and other types of property. The case was dismissed for lack of jurisdiction in the Court and in the lower courts, ruling in favor of Sanford.

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