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The Dred Scott Decision: Crash Course Black American History #16
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MLA Full: | "The Dred Scott Decision: Crash Course Black American History #16." YouTube, uploaded by CrashCourse, 4 September 2021, www.youtube.com/watch?v=9VffLWl8asY. |
MLA Inline: | (CrashCourse, 2021) |
APA Full: | CrashCourse. (2021, September 4). The Dred Scott Decision: Crash Course Black American History #16 [Video]. YouTube. https://youtube.com/watch?v=9VffLWl8asY |
APA Inline: | (CrashCourse, 2021) |
Chicago Full: |
CrashCourse, "The Dred Scott Decision: Crash Course Black American History #16.", September 4, 2021, YouTube, 11:36, https://youtube.com/watch?v=9VffLWl8asY. |
In this video, we'll learn about the US Supreme Court decision in Scott vs Sanford, handed down in 1857. The case ultimately rejected the idea that Black people could be citizens of the United States, and this helped entrench the institution of slavery, denied a host of rights to a huge number of people (both enslaved and free), and increased the tensions between abolitionists and enslavers.
Clint's book, How the Word is Passed is available now! https://bookshop.org/a/3859/9780316492935
VIDEO SOURCES
https://www.britannica.com/event/Missouri-Compromise
Don E. Fehrenbacher, The Dred Scott Case: Its Significance in American Law and Politics (Oxford University Press, 1978).
https://www.npr.org/2020/09/18/914465793/ice-a-whistleblower-and-forced-sterilization
https://www.aclu.org/news/immigrants-rights/immigration-detention-and-coerced-sterilization-history-tragically-repeats-itself/
The Historical Construction of Race and Citizenship in the United States - https://www.unrisd.org/80256B3C005BCCF9/(httpAuxPages)/8A0AE7EACD11F278C1256DD6004860EA/$file/Fredrick.pdf
THIND V. UNITED STATES (1923)
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Crash Course is on Patreon! You can support us directly by signing up at http://www.patreon.com/crashcourse
Thanks to the following patrons for their generous monthly contributions that help keep Crash Course free for everyone forever:
Shannon McCone, Amelia Ryczek, Ken Davidian, Brian Zachariah, Stephen Akuffo, Toni Miles, Oscar Pinto-Reyes, Erin Nicole, Steve Segreto, Michael M. Varughese, Kyle & Katherine Callahan, Laurel A Stevens, Vincent, Michael Wang, Jaime Willis, Krystle Young, Michael Dowling, Alexis B, Rene Duedam, Burt Humburg, Aziz, DAVID MORTON HUDSON, Perry Joyce, Scott Harrison, Mark & Susan Billian, Junrong Eric Zhu, Alan Bridgeman, Rachel Creager, Jennifer Smith, Matt Curls, Tim Kwist, Jonathan Zbikowski, Jennifer Killen, Sarah & Nathan Catchings, Brandon Westmoreland, team dorsey, Trevin Beattie, Divonne Holmes à Court, Eric Koslow, Jennifer Dineen, Indika Siriwardena, Khaled El Shalakany, Jason Rostoker, Shawn Arnold, Siobhán, Ken Penttinen, Nathan Taylor, William McGraw, Andrei Krishkevich, ThatAmericanClare, Rizwan Kassim, Sam Ferguson, Alex Hackman, Eric Prestemon, Jirat, Katie Dean, TheDaemonCatJr, Wai Jack Sin, Ian Dundore, Matthew, Justin, Jessica Wode, Mark, Caleb Weeks
__
Want to find Crash Course elsewhere on the internet?
Facebook - http://www.facebook.com/YouTubeCrashCourse
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Support Crash Course on Patreon: http://patreon.com/crashcourse
CC Kids: http://www.youtube.com/crashcoursekids
#crashcourse #history #dredscott
Clint's book, How the Word is Passed is available now! https://bookshop.org/a/3859/9780316492935
VIDEO SOURCES
https://www.britannica.com/event/Missouri-Compromise
Don E. Fehrenbacher, The Dred Scott Case: Its Significance in American Law and Politics (Oxford University Press, 1978).
https://www.npr.org/2020/09/18/914465793/ice-a-whistleblower-and-forced-sterilization
https://www.aclu.org/news/immigrants-rights/immigration-detention-and-coerced-sterilization-history-tragically-repeats-itself/
The Historical Construction of Race and Citizenship in the United States - https://www.unrisd.org/80256B3C005BCCF9/(httpAuxPages)/8A0AE7EACD11F278C1256DD6004860EA/$file/Fredrick.pdf
THIND V. UNITED STATES (1923)
Watch our videos and review your learning with the Crash Course App!
Download here for Apple Devices: https://apple.co/3d4eyZo
Download here for Android Devices: https://bit.ly/2SrDulJ
Crash Course is on Patreon! You can support us directly by signing up at http://www.patreon.com/crashcourse
Thanks to the following patrons for their generous monthly contributions that help keep Crash Course free for everyone forever:
Shannon McCone, Amelia Ryczek, Ken Davidian, Brian Zachariah, Stephen Akuffo, Toni Miles, Oscar Pinto-Reyes, Erin Nicole, Steve Segreto, Michael M. Varughese, Kyle & Katherine Callahan, Laurel A Stevens, Vincent, Michael Wang, Jaime Willis, Krystle Young, Michael Dowling, Alexis B, Rene Duedam, Burt Humburg, Aziz, DAVID MORTON HUDSON, Perry Joyce, Scott Harrison, Mark & Susan Billian, Junrong Eric Zhu, Alan Bridgeman, Rachel Creager, Jennifer Smith, Matt Curls, Tim Kwist, Jonathan Zbikowski, Jennifer Killen, Sarah & Nathan Catchings, Brandon Westmoreland, team dorsey, Trevin Beattie, Divonne Holmes à Court, Eric Koslow, Jennifer Dineen, Indika Siriwardena, Khaled El Shalakany, Jason Rostoker, Shawn Arnold, Siobhán, Ken Penttinen, Nathan Taylor, William McGraw, Andrei Krishkevich, ThatAmericanClare, Rizwan Kassim, Sam Ferguson, Alex Hackman, Eric Prestemon, Jirat, Katie Dean, TheDaemonCatJr, Wai Jack Sin, Ian Dundore, Matthew, Justin, Jessica Wode, Mark, Caleb Weeks
__
Want to find Crash Course elsewhere on the internet?
Facebook - http://www.facebook.com/YouTubeCrashCourse
Twitter - http://www.twitter.com/TheCrashCourse
Tumblr - http://thecrashcourse.tumblr.com
Support Crash Course on Patreon: http://patreon.com/crashcourse
CC Kids: http://www.youtube.com/crashcoursekids
#crashcourse #history #dredscott
Hi!
I’m Clint Smith and this is Crash Course Black American History. When you think of US citizenship, you might think of your blue passport, or placing your hand over your heart and saying the pledge of allegiance, or waving an American flag as you watch fireworks during the 4th of July with a plate full of barbecue. Citizenship is something that matters to people. Not only is citizenship a source of pride for many, but it has vast implications for how someone can live their life.
It can determine where you work, where you can travel, whether or not you can vote, and even if you’ll be allowed to stay in the country with your family. But the very concept of citizenship--who should be a citizen of the United States and how people should be allowed to become one--has been at the center of US political debates for centuries. It was happening in the 18th century, and it’s still happening today.
Today, in the US, according to the law, if you’re born in this country you’re considered a citizen. Shout out to the 14th amendment. But it wasn’t always this way.
For Black people in the 19th century, the question of whether they were, or could ever be, citizens of the United States, was part of a decade-long court battle that centered on the circumstances of a Black man named Dred Scott. Though Scott’s case, which ultimately ended up in the Supreme Court as Scott v. Sandford, was initially about whether one man would be able to live his life as free or enslaved, it became something much larger, centered on the very prospect and possibility of Black citizenship. Let’s check it out. INTRO The person at the center of this case, Dred Scott, was an enslaved Black man who was living in Missouri.
Historians estimate that he was born into slavery around the start of the 19th century in Southhampton County, Virgina, and his enslaver was a man named Peter Blow. Scott was eventually purchased by an army surgeon named John Emerson, who moved Scott from the enslaved state of Missouri, to the free state of Illinois and then again to the free territory of Wisconsin. There, Scott met and married his wife, Harriet Robinson, and they started a family. By 1840 John Emerson’s wife Irene returned to St. Louis along with Dred Scott and his family.
And in 1843, John died suddenly, and Scott and his family became the sole property of Irene. It’s possible that Dred Scott attempted to buy he and his family’s freedom from Irene, but from what historians can tell, she refused. In 1846 Dred Scott filed a suit for his freedom in a St. Louis district court.
His claim was based on Missouri law and precedent that if an enslaved person was relocated to a free state or territory, they were then considered free, and thus they couldn’t be re-enslaved upon entering a slave state. And since John Emerson had taken Dred Scott to live in both Illinois and the Wisconsin territory at various points--both of which were free domains-- it seemed like they had a pretty good case. After a bit of back and forth Dred Scott eventually did win his family’s freedom in 1850. But the case got appealed to Missouri’s Supreme Court, which ruled against the lower court’s decision while noting, quote "Times now are not as they were, when the former decisions on this subject were made.” Dred Scott and his family were sent back into slavery. But Scott kept going.
He received assistance from local abolitionists who helped him file suit in a federal court. By then Irene had left Missouri and remarried, and for reasons historians have never quite figured out, the focus of the case went to her brother, John Sanford. The case eventually found its way to the US Supreme Court.
But once the case got there, things, to put it mildly, did not go well. The moment this case arrived at the Supreme Court was a pivotal one in the larger context of US history, because it was a time in which the issue of slavery hugely animated the political debates in Washington as the country expanded. At the beginning of 1820, the United States was composed of 22 states – a big jump up from the original 13 colonies. The Louisiana Purchase had doubled the landmass of the country which meant that there were new states to admit. And what this did was created some real tension between the north and the south on the issue of slavery.
Would the new states be free states? Slave states? Would they get to decide for themselves? Let’s go to the thought bubble. The entire nation was dependent on slavery to some extent, but some states, as we’ve discussed, were more directly involved than others.
So, with predominately northern states pushing to end slavery, and southern states pushing to keep it in place, it became a bit of a moral and economic tug-of-war. This dispute led to the Missouri Compromise which designated part of the Louisiana Purchase as free territory and part of it as slave territory, which would balance congressional power as more states entered the Union. This compromise, though, came at the expense of Black people’s lives.
But as the United States expanded, more individuals wanted to travel across state lines, and that created some unique legal issues. The core of Dred Scott’s legal argument was that he had lived in free areas of the country with his enslaver – Illinois and the Wisconsin territory. The federal government, at this time, did not have specific legislation addressing the issue, so the United States Supreme Court was left to sort things out. If an enslaved person is moved from a slave state to a free state, is that individual now free? What if you’re riding on a train leaving a slave state, and pass through a free state? Is that Black person free on the train while it’s in the free state but enslaved again when it passes back into a slave state?
These were big questions that the country was wrestling with. And the stakes couldn’t have been higher. Thanks, Thought Bubble. The Supreme Court ultimately did not buy Scott’s arguments and justices sided 7-2 with Sanford. Chief Justice Roger Taney wrote in the majority opinion that Scott did not, because he didn’t have the standing to sue because enslaved African-Americans were not citizens of the United States. And if that wasn’t enough, Justice Taney stated that even free Black people in the north could never be considered citizens.
He wrote that Black people "are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States." And in outlining the rationale for his decision he stated that when the Constitution was framed and adopted, Black people “had no rights which the White man was bound to respect." I have a lot of feelings about Taney that aren’t appropriate to say in this video. So let’s keep going before I get in trouble. What’s more, Taney’s decision declared that the ban on slavery was unconstitutional in territories that were part of the Louisiana Purchase and it also upheld that neither Congress nor territorial governments had the power to ban slavery. This ruling infuriated abolitionists who perceived this an an attempt to prevent any debate and discussion about how and where slavery would exist in the United States, and further exacerbated the already high tensions on the issue. Historians point to the decision as one of the factors that more directly set the country on the path towards Civil War. This was a consequential, and deeply shameful moment in American history. Many historians consider it to be the worst Supreme Court decision ever.
And it’s hard not to agree. This decision created a new legal precedent that solidified Black Americans’ status as an underclass. It kept them from being able to vote, from being able to defend themselves against explicit discrimination or even domestic terrorism at the hands of white Americans.
Black Americans were sometimes successful in court after Scott v. Sandford, but that wasn’t the norm, AND Black people were now legally barred from filing suits at the federal level. What this did was limit the mobility of their cases. Even after the ratification of the 14th Amendment – which overturned Scott v. Sandford by upholding birthright citizenship – African-Americans were still treated in accordance with the ideas that had been espoused in the case.
And later in this series we’ll cover the experiences of Black Americans between the 14th Amendment and the passage of the Civil Rights Act of 1964. They were not great. The Scott v. Sandford decision also hung like a shadow over US immigration policy for decades.
Scott v. Sandford – though eventually overturned – perpetuated this idea that if you were not considered a white American then you were not entitled to dignity or safety. These ideologies pushed immigrants to start proving in social settings and in court that they were White enough to have the benefits of citizenship, just to get basic opportunities in the United States. And this created deeper divisions between Black Americans and many immigrant populations. According to “The Historical Construction of Race and Citizenship in the United States” – a 2003 report done by the United Nations Research Institute for Social Development: “Harder to imagine is conferring on African-Americans the degree of respect and recognition that would make them full and equal citizens in substance as well as in law. No other ethnoracial group was enslaved for two-and-a-half centuries in what became the United States, or, despite the attainment of de jure citizenship in 1868, was subjected to such an elaborate and comprehensive system of legalized discrimination and segregation.
There is a long history of the incorporation of groups that initially inspired hostility and discrimination but which were able to exploit their putative whiteness to gain entry at the expense of the perennial
Other: the African-Americans who remain to the present day the principal negative reference group against which white--or non-black--America persists in defining itself.” This is a powerful quote and a sobering one. And what it shows is that while there has most certainly been discrimination against many different groups of people throughout US history-- discrimination that must be taken seriously--there is a specific sort of insidiousness to the nature of anti-black racism that is important for us to understand if we are to fully account for our history. Thanks for watching, I’ll see you next time. Crash Course is made with the help of all these nice people and our animation team is Thought Cafe. Crash Course is a Complexly production. If you’d like to keep Crash Course free for everybody, forever, you can support the series at Patreon; a crowdfunding platform that allows you to support the content you love. Thank you to all of our patrons for making Crash Course possible with their continued support. *
I’m Clint Smith and this is Crash Course Black American History. When you think of US citizenship, you might think of your blue passport, or placing your hand over your heart and saying the pledge of allegiance, or waving an American flag as you watch fireworks during the 4th of July with a plate full of barbecue. Citizenship is something that matters to people. Not only is citizenship a source of pride for many, but it has vast implications for how someone can live their life.
It can determine where you work, where you can travel, whether or not you can vote, and even if you’ll be allowed to stay in the country with your family. But the very concept of citizenship--who should be a citizen of the United States and how people should be allowed to become one--has been at the center of US political debates for centuries. It was happening in the 18th century, and it’s still happening today.
Today, in the US, according to the law, if you’re born in this country you’re considered a citizen. Shout out to the 14th amendment. But it wasn’t always this way.
For Black people in the 19th century, the question of whether they were, or could ever be, citizens of the United States, was part of a decade-long court battle that centered on the circumstances of a Black man named Dred Scott. Though Scott’s case, which ultimately ended up in the Supreme Court as Scott v. Sandford, was initially about whether one man would be able to live his life as free or enslaved, it became something much larger, centered on the very prospect and possibility of Black citizenship. Let’s check it out. INTRO The person at the center of this case, Dred Scott, was an enslaved Black man who was living in Missouri.
Historians estimate that he was born into slavery around the start of the 19th century in Southhampton County, Virgina, and his enslaver was a man named Peter Blow. Scott was eventually purchased by an army surgeon named John Emerson, who moved Scott from the enslaved state of Missouri, to the free state of Illinois and then again to the free territory of Wisconsin. There, Scott met and married his wife, Harriet Robinson, and they started a family. By 1840 John Emerson’s wife Irene returned to St. Louis along with Dred Scott and his family.
And in 1843, John died suddenly, and Scott and his family became the sole property of Irene. It’s possible that Dred Scott attempted to buy he and his family’s freedom from Irene, but from what historians can tell, she refused. In 1846 Dred Scott filed a suit for his freedom in a St. Louis district court.
His claim was based on Missouri law and precedent that if an enslaved person was relocated to a free state or territory, they were then considered free, and thus they couldn’t be re-enslaved upon entering a slave state. And since John Emerson had taken Dred Scott to live in both Illinois and the Wisconsin territory at various points--both of which were free domains-- it seemed like they had a pretty good case. After a bit of back and forth Dred Scott eventually did win his family’s freedom in 1850. But the case got appealed to Missouri’s Supreme Court, which ruled against the lower court’s decision while noting, quote "Times now are not as they were, when the former decisions on this subject were made.” Dred Scott and his family were sent back into slavery. But Scott kept going.
He received assistance from local abolitionists who helped him file suit in a federal court. By then Irene had left Missouri and remarried, and for reasons historians have never quite figured out, the focus of the case went to her brother, John Sanford. The case eventually found its way to the US Supreme Court.
But once the case got there, things, to put it mildly, did not go well. The moment this case arrived at the Supreme Court was a pivotal one in the larger context of US history, because it was a time in which the issue of slavery hugely animated the political debates in Washington as the country expanded. At the beginning of 1820, the United States was composed of 22 states – a big jump up from the original 13 colonies. The Louisiana Purchase had doubled the landmass of the country which meant that there were new states to admit. And what this did was created some real tension between the north and the south on the issue of slavery.
Would the new states be free states? Slave states? Would they get to decide for themselves? Let’s go to the thought bubble. The entire nation was dependent on slavery to some extent, but some states, as we’ve discussed, were more directly involved than others.
So, with predominately northern states pushing to end slavery, and southern states pushing to keep it in place, it became a bit of a moral and economic tug-of-war. This dispute led to the Missouri Compromise which designated part of the Louisiana Purchase as free territory and part of it as slave territory, which would balance congressional power as more states entered the Union. This compromise, though, came at the expense of Black people’s lives.
But as the United States expanded, more individuals wanted to travel across state lines, and that created some unique legal issues. The core of Dred Scott’s legal argument was that he had lived in free areas of the country with his enslaver – Illinois and the Wisconsin territory. The federal government, at this time, did not have specific legislation addressing the issue, so the United States Supreme Court was left to sort things out. If an enslaved person is moved from a slave state to a free state, is that individual now free? What if you’re riding on a train leaving a slave state, and pass through a free state? Is that Black person free on the train while it’s in the free state but enslaved again when it passes back into a slave state?
These were big questions that the country was wrestling with. And the stakes couldn’t have been higher. Thanks, Thought Bubble. The Supreme Court ultimately did not buy Scott’s arguments and justices sided 7-2 with Sanford. Chief Justice Roger Taney wrote in the majority opinion that Scott did not, because he didn’t have the standing to sue because enslaved African-Americans were not citizens of the United States. And if that wasn’t enough, Justice Taney stated that even free Black people in the north could never be considered citizens.
He wrote that Black people "are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States." And in outlining the rationale for his decision he stated that when the Constitution was framed and adopted, Black people “had no rights which the White man was bound to respect." I have a lot of feelings about Taney that aren’t appropriate to say in this video. So let’s keep going before I get in trouble. What’s more, Taney’s decision declared that the ban on slavery was unconstitutional in territories that were part of the Louisiana Purchase and it also upheld that neither Congress nor territorial governments had the power to ban slavery. This ruling infuriated abolitionists who perceived this an an attempt to prevent any debate and discussion about how and where slavery would exist in the United States, and further exacerbated the already high tensions on the issue. Historians point to the decision as one of the factors that more directly set the country on the path towards Civil War. This was a consequential, and deeply shameful moment in American history. Many historians consider it to be the worst Supreme Court decision ever.
And it’s hard not to agree. This decision created a new legal precedent that solidified Black Americans’ status as an underclass. It kept them from being able to vote, from being able to defend themselves against explicit discrimination or even domestic terrorism at the hands of white Americans.
Black Americans were sometimes successful in court after Scott v. Sandford, but that wasn’t the norm, AND Black people were now legally barred from filing suits at the federal level. What this did was limit the mobility of their cases. Even after the ratification of the 14th Amendment – which overturned Scott v. Sandford by upholding birthright citizenship – African-Americans were still treated in accordance with the ideas that had been espoused in the case.
And later in this series we’ll cover the experiences of Black Americans between the 14th Amendment and the passage of the Civil Rights Act of 1964. They were not great. The Scott v. Sandford decision also hung like a shadow over US immigration policy for decades.
Scott v. Sandford – though eventually overturned – perpetuated this idea that if you were not considered a white American then you were not entitled to dignity or safety. These ideologies pushed immigrants to start proving in social settings and in court that they were White enough to have the benefits of citizenship, just to get basic opportunities in the United States. And this created deeper divisions between Black Americans and many immigrant populations. According to “The Historical Construction of Race and Citizenship in the United States” – a 2003 report done by the United Nations Research Institute for Social Development: “Harder to imagine is conferring on African-Americans the degree of respect and recognition that would make them full and equal citizens in substance as well as in law. No other ethnoracial group was enslaved for two-and-a-half centuries in what became the United States, or, despite the attainment of de jure citizenship in 1868, was subjected to such an elaborate and comprehensive system of legalized discrimination and segregation.
There is a long history of the incorporation of groups that initially inspired hostility and discrimination but which were able to exploit their putative whiteness to gain entry at the expense of the perennial
Other: the African-Americans who remain to the present day the principal negative reference group against which white--or non-black--America persists in defining itself.” This is a powerful quote and a sobering one. And what it shows is that while there has most certainly been discrimination against many different groups of people throughout US history-- discrimination that must be taken seriously--there is a specific sort of insidiousness to the nature of anti-black racism that is important for us to understand if we are to fully account for our history. Thanks for watching, I’ll see you next time. Crash Course is made with the help of all these nice people and our animation team is Thought Cafe. Crash Course is a Complexly production. If you’d like to keep Crash Course free for everybody, forever, you can support the series at Patreon; a crowdfunding platform that allows you to support the content you love. Thank you to all of our patrons for making Crash Course possible with their continued support. *