Giving slave-owning states the right to count three-fifths of their slave population when it came to distributing representatives to Congress meant that those states would be consistently overrepresented in national politics. However, the same ratio should be used to determine the federal tax contribution required by each state, thereby increasing the direct federal tax burden of slave-owning states. The Constitution also included a law allowing for the recapture of fugitive slaves, as well as a moratorium until 1808 on a congressional ban on the importation of slaves, although in the meantime individual states were free to prohibit imports of slaves if they wished. And he said John F. A. Sandford, in his own person, comes and says that this court should not take note or take note of the above act because it says that said cause of action and each of them (if such cause fell on said Dred Scott) arose from said Dred Scott outside the jurisdiction of this court, subject to the exclusive jurisdiction of the courts of the State of Missouri; the applicant, Dred Scott, is not a citizen of the State of Missouri, as he claims in his statement, because he is a black man of African descent; his ancestors were of pure African blood, and were brought to this land and sold as black slaves, and this is the said Sandford ready to check. He therefore seeks a judgment as to whether this court can or will continue to take note of the above-mentioned act. It will suffice to give the laws of two of them as an example of the legislation which then generally prevailed in the British colonies; One was still a large slave state and the other the first state where slavery ceased to exist. The Dred-Scott decision was the decision of the Supreme Court of the United States on March 6, 1857, that living in a free state and territory did not entitle a slave, Dred Scott, to liberty. Essentially, the decision held that Scott, as someone`s property, was not a citizen and could not sue in Federal Court. Chief Justice Roger B. Taney`s majority opinion also stated that Congress did not have the power to exclude enslavement from the territories (invalidating the Missouri Compromise ) and that African Americans could never become U.S. citizens.
In 1834, the plaintiff was a black slave of Dr. Emerson, who was a surgeon in the U.S. Army. That year, 1834, Dr. Emerson took the plaintiff from the state of Missouri to the military post at Rock Island, Illinois, and kept him there as a slave until April or May 1836. is located on the west bank of the Mississippi River, in the territory known as Upper Lousiane, acquired by the United States of France and north of the thirty-six degrees north and north of the state of Missouri. The said Dr. Emerson kept the plaintiff in slavery at the said Fort Snelling, from the latter date until 1838. With the passage of the 13th Amendment, the United States found a final constitutional solution to the issue of slavery. The 13th Amendment, along with the 14th and 15th, is one of three Civil War amendments that significantly expanded the civil rights of Americans.
Der 13. The constitutional amendment was passed at the end of the Civil War, before the Southern states were readmitted to the Union, and should have easily passed Congress. Although the Senate passed it in April 1864, the House of Representatives did not initially do so. At this point, Lincoln played an active role in ensuring he passed Congress. He insisted that the passage of the 13th Amendment be added to the Republican Party`s platform for the next presidential election in 1864. His efforts were crowned with success when the House of Representatives passed the bill by a vote of 119 to 56 in January 1865. When the U.S. Supreme Court ruled in Dred-Scott that banning slavery in the territories was unconstitutional in the Missouri Compromise, an increasingly diverse group of anti-slavery rallied to the Republican Party.
Their presidential candidate, Abraham Lincoln, won the 1860 election after the slavery issue divided the Democratic Party into northern and southern factions, and a fourth party, the Constitutional Union Party, also fielded a candidate. Lincoln`s victory sparked secession and eventually the Civil War. In the Lincoln-Douglas debates, Abraham Lincoln argued that the drafters avoided any specific mention of slavery because the permanent constitution did not do so “in the face of the Magna Carta of liberty, which suggests that such a thing as the slavery of Negroes ever existed among us” (Abraham Lincoln, Seventh Joint Debate at Alton, “Mr. Lincoln`s Reply,” Oct. 15, 1858). Dred Scott decision, officially Dred Scott v. John F.A. Sandford, in which the United States Supreme Court ruled on 6. March 1857 (7-2) that a slave (Dred Scott) who had lived in a free state and territory (where slavery was prohibited) was thus deprived of his liberty; that African Americans were not and could never be citizens of the United States; and that the Missouri Compromise (1820), which declared all territories west of Missouri and north free of 36°30′, was unconstitutional. The decision further inflamed controversy and brought the country closer to civil war.
However, what appeared to be a simple legal battle between two private parties turned into an 11-year legal battle, culminating in one of the most notorious decisions ever issued by the U.S. Supreme Court. Scott lost his case, which made its way to the Missouri state courts; He then filed a new federal lawsuit, which eventually reached the Supreme Court. The power over the person and property of which we speak is not only not granted, but expressly denied to Congress, and it is forbidden to exercise it. And this prohibition is not limited to states. But the words are general. and extends to the entire territory over which the Constitution confers legislative power on it, including those parts that remain under the territorial government and those covered by the States. It is a total absence of power on the territory of the United States. and places the citizens of a territory.
With regard to these rights, they must be treated on an equal footing with the citizens of States and protect them as firmly and clearly as possible against any interference by the General Government under the pretext of tacit or accidental powers. And if Congress itself is unable to do so – if it goes beyond the powers delegated to the federal government – it is accepted, as we assume, that it could not empower a territorial government to exercise it.