LAD #18: Dred Scott Decision

Originally, the Court favored a moderate decision that ruled in favor of Sanford, but did not address the larger issues of black citizenship and the Missouri Compromise. Justice Nelson was chosen to write the decision, however no one agreed with his views. Therefore, Chief Justice Roger Taney was chosen to write the majority opinion of the court that included black citizenship and the constitutionality of the Missouri Compromise. President James Buchanan contacted several Supreme Court members for the decision reached by the Court to include in his inaugural address. In his speech he supported the decision of the Court. Taney presented the opinion on March 6, 1857 in the basement of the U.S. Capitol. He started with the question of black citizenship of both slaves and freemen. Taney believed that even free blacks were not citizens of the United States, and do not have the power to sue. He also believed that citizens are allowed to bring their property into a territory in the United States. He proclaimed the Missouri Compromise unconstitutional because it prevented citizens of holding property. Finally, Taney that the status of slaves who escaped to free states returned to the place in which they resided, and therefore Scott was still a slave as he had resided in Missouri.