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It forbade the employment of boys under the age of 10 yrs, and banned employment of women of any age in the mines.

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Q: When the 1842 Coal Mines Act forbade the underground employment of who?
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In what year was the mines act passed?

1842


When was slavery abolished in Argentina?

1842


What was the fugitive slavery act?

The Fugitive Slave Law was enacted by the United States Congress in1793. It allowed the owner of a runaway slave to recover his slave by merely appearing before any magistrate and declare that the slave in question belonged to him. The law further held state and local officials responsible for capturing runaway slaves and returning them to their owners. In 1842, the Supreme Court ruled that law enforcement officers in the states were not obliged to assist Federal officials in these endeavors. However, Congress enacted, as part of the Compromise of 1850, a more rigorous Fugitive Salve Law which required state and local officials to assist and cooperate with federal officials in the capture and return runaway slaves. This meant that runaway slaves were not completely safe until they reached Canada. It also put those who were assisting escaped slaves in violation of federal law.


"It is very important to have a good judicial system and a good government for the smooth running of the country". Explain giving examples?

It has been defined as a "system of rules", as an "interpretive concept" to achieve justice, as an "authority" to mediate people's interests, and even as "the command of a sovereign, backed by the threat of a sanction". However one likes to think of law, it is a completely central social institution. Legal policy incorporates the practical manifestation of thinking from almost every social science and the humanities. Laws are politics, because politicians create them. Law is philosophy, because moral and ethical persuasions shape their ideas. Law tells many of history's stories, because statutes, case law and codifications build up over time. And law is economics, because any rule about contract, tort, property law, labour law, company law and many more can have long-lasting effects on the distribution of wealth. The noun law derives from the late Old English lagu, meaning something laid down or fixed and the adjective legal comes from the Latin word lex. Linguistics investigates the cognitive and social aspects of human language. The field is divided into areas that focus on aspects of the linguistic signal, such as syntax (the study of the rules that govern the structure of sentences), semantics (the study of meaning), morphology (the study of the structure of words), phonetics (the study of speech sounds) and phonology (the study of the abstract sound system of a particular language); however, work in areas like evolutionary linguistics (the study of the origins and evolution of language) and psycholinguistics (the study of psychological factors in human language) cut across these divisions. The overwhelming majority of modern research in linguistics takes a predominantly synchronic perspective (focusing on language at a particular point in time), and a great deal of it—partly owing to the influence of Noam Chomsky—aims at formulating theories of the cognitive processing of language. However, language does not exist in a vacuum, or only in the brain, and approaches like contact linguistics, creole studies, discourse analysis, social interactional linguistics, and sociolinguistics explore language in its social context. Sociolinguistics often makes use of traditional quantitative analysis and statistics in investigating the frequency of features, while some disciplines, like contact linguistics, focus on qualitative analysis. While certain areas of linguistics can thus be understood as clearly falling within the social sciences, other areas, like acoustic phonetics and neurolinguistics, draw on the natural sciences. Linguistics draws only secondarily on the humanities, which played a rather greater role in linguistic inquiry in the 19th and early 20th centuries. Ferdinand Saussure is considered the father of modern linguistics. Political science is an academic and research discipline that deals with the theory and practice of politics and the description and analysis of political systems and political behaviour. Fields and subfields of political science include political economy, political theory and philosophy, civics and comparative politics, theory of direct democracy, apolitical governance, participatory direct democracy, national systems, cross-national political analysis, political development, international relations, foreign policy, international law, politics, public administration, administrative behaviour, public law, judicial behaviour, and public policy. Political science also studies power in international relations and the theory of great powers and superpowers. Political science is methodologically diverse, although recent years have witnessed an upsurge in the use of the scientific method, that is, the proliferation of formal-deductive model building and quantitative hypothesis testing. Approaches to the discipline include rational choice, classical political philosophy, interpretivism, structuralism, and behaviouralism, realism, pluralism, and institutionalism. Political science, as one of the social sciences, uses methods and techniques that relate to the kinds of inquiries sought: primary sources such as historical documents, interviews, and official records, as well as secondary sources such as scholarly articles are used in building and testing theories. Empirical methods include survey research, statistical analysis or econometrics, case studies, experiments, and model building. Herbert Baxter Adams is credited with coining the phrase "political science" while teaching history at Johns Hopkins University. Psychology is an academic and applied field involving the study of behaviour and mental processes. Psychology also refers to the application of such knowledge to various spheres of human activity, including problems of individuals' daily lives and the treatment of mental illness. The word psychology comes from the Ancient Greek ψυχή psyche ("soul", "mind") and logy ("study"). Psychology differs from anthropology, economics, political science, and sociology in seeking to capture explanatory generalizations about the mental function and overt behaviour of individuals, while the other disciplines focus on creating descriptive generalizations about the functioning of social groups or situation-specific human behaviour. In practice, however, there is quite a lot of cross-fertilization that takes place among the various fields. Psychology differs from biology and neuroscience in that it is primarily concerned with the interaction of mental processes and behaviour, and of the overall processes of a system, and not simply the biological or neural processes themselves, though the subfield of neuropsychology combines the study of the actual neural processes with the study of the mental effects they have subjectively produced. Many people associate psychology with clinical psychology, which focuses on assessment and treatment of problems in living and psychopathology. In reality, psychology has myriad specialties including social psychology, developmental psychology, cognitive psychology, educational psychology, industrial-organizational psychology, mathematical psychology, neuropsychology, and quantitative analysis of behaviour. Psychology is a very broad science that is rarely tackled as a whole, major block. Although some subfields encompass a natural science base and a social science application, others can be clearly distinguished as having little to do with the social sciences or having a lot to do with the social sciences. For example, biological psychology is considered a natural science with a social scientific application (as is clinical medicine), social and occupational psychology are, generally speaking, purely social sciences, whereas neuropsychology is a natural science that lacks application out of the scientific tradition entirely. In British universities, emphasis on what tenet of psychology a student has studied and/or concentrated is communicated through the degree conferred: B.Psy. indicates a balance between natural and social sciences, B.Sc. indicates a strong (or entire) scientific concentration, whereas a B.A. underlines a majority of social science credits. This is not always necessarily the case however, and in many UK institutions students studying the B.Psy, B.Sc, and B.A. follow the same curriculum as outlined by The British Psychological Society and have the same options of specialism open to them regardless of whether they choose a balance, a heavy science basis, or heavy social science basis to their degree. If they applied to read the B.A. for example, but specialized in heavily science-based modules, then they will still generally be awarded the B.A. Sociology is the systematic study of society, individuals' relationship to their societies, the consequences of difference, and other aspects of human social action. The meaning of the word comes from the suffix "-logy", which means "study of", derived from Ancient Greek, and the stem "soci-", which is from the Latin word socius, meaning "companion", or society in general. Auguste Comte (1798–1857) coined the term, Sociology, as a way to apply natural science principles and techniques to the social world in 1838. Comte endeavoured to unify history, psychology and economics through the descriptive understanding of the social realm. He proposed that social ills could be remedied through sociological positivism, an epistemological approach outlined in The Course in Positive Philosophy [1830–1842] and A General View of Positivism (1844). Though Comte is generally regarded as the "Father of Sociology", the discipline was formally established by another French thinker, Émile Durkheim (1858–1917), who developed positivism as a foundation to practical social research. Durkheim set up the first European department of sociology at the University of Bordeaux in 1895, publishing his Rules of the Sociological Method. In 1896, he established the journal L'Année Sociologique. Durkheim's seminal monograph, Suicide (1897), a case study of suicide rates among Catholic and Protestant populations, distinguished sociological analysis from psychology or philosophy.Karl Marx rejected Comte's positivism but nevertheless aimed to establish a science of society based on historical materialism, becoming recognized as a founding figure of sociology posthumously as the term gained broader meaning. Around the start of the 20th century, the first wave of German sociologists, including Max Weber and Georg Simmel, developed sociological antipositivism. The field may be broadly recognized as an amalgam of three modes of social thought in particular: Durkheimian positivism and structural functionalism; Marxist historical materialism and conflict theory; and Weberian antipositivism and verstehen analysis. American sociology broadly arose on a separate trajectory, with little Marxist influence, an emphasis on rigorous experimental methodology, and a closer association with pragmatism and social psychology. In the 1920s, the Chicago school developed symbolic interactionism. Meanwhile, in the 1930s, the Frankfurt School pioneered the idea of critical theory, an interdisciplinary form of Marxist sociology drawing upon thinkers as diverse as Sigmund Freud and Friedrich Nietzsche. Critical theory would take on something of a life of its own after World War II, influencing literary criticism and the Birmingham School establishment of cultural studies. Sociology evolved as an academic response to the challenges of modernity, such as industrialization, urbanization, secularization, and a perceived process of enveloping rationalization. The field generally concerns the social rules and processes that bind and separate people not only as individuals, but as members of associations, groups, communities and institutions, and includes the examination of the organization and development of human social life. The sociological field of interest ranges from the analysis of short contacts between anonymous individuals on the street to the study of global social processes. In the terms of sociologists Peter L. Berger and Thomas Luckmann, social scientists seek an understanding of the Social Construction of Reality. Most sociologists work in one or more subfields. One useful way to describe the discipline is as a cluster of sub-fields that examine different dimensions of society. For example, social stratification studies inequality and class structure; demography studies changes in a population size or type; criminology examines criminal behaviour and deviance; and political sociology studies the interaction between society and state. Since its inception, sociological epistemologies, methods, and frames of enquiry, have significantly expanded and diverged. Sociologists use a diversity of research methods, collect both quantitative and qualitative data, draw upon empirical techniques, and engage critical theory. Common modern methods include case studies, historical research, interviewing, participant observation, social network analysis, survey research, statistical analysis, and model building, among other approaches. Since the late 1970s, many sociologists have tried to make the discipline useful for purposes beyond the academy. The results of sociological research aid educators, lawmakers, administrators, developers, and others interested in resolving social problems and formulating public policy, through subdisciplinary areas such as evaluation research, methodological assessment, and public sociology. In the early 1970s, women sociologists began to question sociological paradigms and the invisibility of women in sociological studies, analysis, and courses. In 1969, feminist sociologists challenged the discipline's androcentrism at the American Sociological Association's annual conference. This led to the founding of the organization Sociologists for Women in Society, and, eventually, a new sociology journal, Gender & Society. Today, the sociology of gender is considered to be one of the most prominent sub-fields in the discipline. New sociological sub-fields continue to appear — such as community studies, computational sociology, environmental sociology, network analysis, actor-network theory, gender studies, and a growing list, many of which are cross-disciplinary in nature. Additional applied or interdisciplinary fields related to the social sciences include: Archaeology is the science that studies human cultures through the recovery, documentation, analysis, and interpretation of material remains and environmental data, including architecture, artifacts, features, biofacts, and landscapes. Area studies are interdisciplinary fields of research and scholarship pertaining to particular geographical, national/federal, or cultural regions. Behavioural science is a term that encompasses all the disciplines that explore the activities of and interactions among organisms in the natural world. Computational social science is an umbrella field encompassing computational approaches within the social sciences. Demography is the statistical study of all human populations. Development studies a multidisciplinary branch of social science that addresses issues of concern to developing countries. Environmental social science is the broad, transdisciplinary study of interrelations between humans and the natural environment. Environmental studies integrate social, humanistic, and natural science perspectives on the relation between humans and the natural environment. Gender studies integrates several social and natural sciences to study gender identity, masculinity, femininity, transgender issues, and sexuality. Information science is an interdisciplinary science primarily concerned with the collection, classification, manipulation, storage, retrieval and dissemination of information. International studies covers both International relations (the study of foreign affairs and global issues among states within the international system) and International education (the comprehensive approach that intentionally prepares people to be active and engaged participants in an interconnected world). Legal management is a social sciences discipline that is designed for students interested in the study of state and legal elements. Library science is an interdisciplinary field that applies the practices, perspectives, and tools of management, information technology, education, and other areas to libraries; the collection, organization, preservation and dissemination of information resources; and the political economy of information. Management consists of various levels of leadership and administration of an organization in all business and human organizations. It is the effective execution of getting people together to accomplish desired goals and objectives through adequate planning, executing and controlling activities. Marketing the identification of human needs and wants, defines and measures their magnitude for demand and understanding the process of consumer buying behaviour to formulate products and services, pricing, promotion and distribution to satisfy these needs and wants through exchange processes and building long-term relationships. Political economy is the study of production, buying and selling, and their relations with law, custom, and government. Public administration is one of the main branches of political science, and can be broadly described as the development, implementation and study of branches of government policy. The pursuit of the public good by enhancing civil society and social justice is the ultimate goal of the field. Though public administration has been historically referred to as government management, it increasingly encompasses non-governmental organizations (NGOs) that also operate with a similar, primary dedication to the betterment of humanity. Religious studies and Western esoteric studies incorporate and inform social-scientific research on phenomena broadly deemed religious. Religious studies, Western esoteric studies, and the social sciences developed in dialogue with one another. The origin of the survey can be traced back at least early as the Domesday Book in 1086, while some scholars pinpoint the origin of demography to 1663 with the publication of John Graunt's Natural and Political Observations upon the Bills of Mortality. Social research began most intentionally, however, with the positivist philosophy of science in the 19th century. In contemporary usage, "social research" is a relatively autonomous term, encompassing the work of practitioners from various disciplines that share in its aims and methods. Social scientists employ a range of methods in order to analyse a vast breadth of social phenomena; from census survey data derived from millions of individuals, to the in-depth analysis of a single agent's social experiences; from monitoring what is happening on contemporary streets, to the investigation of ancient historical documents. The methods originally rooted in classical sociology and statistical mathematics have formed the basis for research in other disciplines, such as political science, media studies, and marketing and market research. Social research methods may be divided into two broad schools: Quantitative designs approach social phenomena through quantifiable evidence, and often rely on statistical analysis of many cases (or across intentionally designed treatments in an experiment) to create valid and reliable general claims. Qualitative designs emphasize understanding of social phenomena through direct observation, communication with participants, or analysis of texts, and may stress contextual and subjective accuracy over generality.Social scientists will commonly combine quantitative and qualitative approaches as part of a multi-strategy design. Questionnaires, field-based data collection, archival database information and laboratory-based data collections are some of the measurement techniques used. It is noted the importance of measurement and analysis, focusing on the (difficult to achieve) goal of objective research or statistical hypothesis testing. A mathematical model uses mathematical language to describe a system. The process of developing a mathematical model is termed 'mathematical modelling' (also modeling). Eykhoff (1974) defined a mathematical model as 'a representation of the essential aspects of an existing system (or a system to be constructed) that presents knowledge of that system in usable form'. Mathematical models can take many forms, including but not limited to dynamical systems, statistical models, differential equations, or game theoretic models. These and other types of models can overlap, with a given model involving a variety of abstract structures. The system is a set of interacting or interdependent entities, real or abstract, forming an integrated whole. The concept of an integrated whole can also be stated in terms of a system embodying a set of relationships that are differentiated from relationships of the set to other elements, and from relationships between an element of the set and elements not a part of the relational regime. A dynamical system modeled as a mathematical formalization has a fixed "rule" that describes the time dependence of a point's position in its ambient space. Small changes in the state of the system correspond to small changes in the numbers. The evolution rule of the dynamical system is a fixed rule that describes what future states follow from the current state


What was the dred Scott case and the supreme courts decision?

Quick SummaryDred Scott and his family (except for his younger daughter, Lizzie) had lived for a significant time in "free" territory, which should have automatically guaranteed their right to emancipation under the "once free, always free" doctrine. Unfortunately, Scott didn't attempt to exercise this option until he and his family were living in Missouri, a slave-holding state.Scott attempted to purchase his family's freedom for $300, but Irene Emerson refused the offer, so Scott sued for their freedom in court, a strategy that had worked for certain other former slaves. The first case against Irene Emerson (Scott v. Emerson, (1847) was dismissed for lack of evidence; by the time the second case was tried (Scott v. Sanford, (1857), Emerson's brother, John Sanford had assumed responsibility for his sister's legal affairs (which is why his name is on the case instead of hers).The case was eventually appealed to the US Supreme Court which, in a 7-2 ruling, held the following: African-Americans could never be citizens of the United States or the individual states.African-Americans were chattel (property) according to the Constitution, and their owners were protected from losing their property under the Fifth Amendment Takings Clause and Due Process Clause, which invalidated the "once free, always free" tradition.Because African-Americans were considered property, and were not legal citizens, they had no right to sue for their freedom.The Missouri Compromise was unconstitutional because Congress had overstepped its authority in attempting to regulate states' rights.Citizens' groups were prohibited from establishing anti-slavery territories.Case Citation:Dred Scott v. Sandford*, 60 US 393 (1857)BackgroundThe most famous case before the US Supreme Court for the 1856-57 Term was that of Dred Scott v. Sanford, (1857), the landmark ruling in which a slave, Dred Scott, attempted to sue for his and his family's freedom from the man who claimed ownership over them. Scott was only one of several hundred slaves who sued for freedom under a Missouri law that permitted "any person held in slavery to petition the general court" for his or her freedom. Many cases arose from the person having lived in a state territory where slavery was outlawed, which resulted in emancipation of that person under the state or territory's laws. Common law practice in this era followed the dictum "once free, always free," meaning once a former slave had gained his or her freedom, he or she could not (or was not supposed to) be subjugated to forced indenture in the future.Dred Scott had been enslaved to a man named Peter Blow, who moved his family and six slaves from Alabama to Missouri in 1830, where he opened a boarding house, the Jefferson Hotel. Sometime after 1830, but before Blow's death in June of 1832 (the Missouri Historical Society found no record of the sale), he sold Scott to John Emerson, a US Army medical doctor stationed in St. Louis, Missouri. Emerson was a known complainer who was not well tolerated by the commanding officers, and endured frequent transfers among various military posts. Scott moved with Emerson.On November 19, 1833, the two relocated to Fort Armstrong, in Rock Island, Illinois, a "free state" where slavery had been outlawed since the land was part of the federal government's Wisconsin Territories. The Wisconsin Territories were regulated by the Northwest Ordinance, passed by Congress in 1787, which abolished slavery and required any states split from the territory to abide by this term as a condition of statehood. Dred Scott's presence in Illinois was supposed to guarantee automatically his permanent status as a freeman, even if he relocated to a slave-holding state, under the common law doctrine of the time, "once free, always free." Scott continued in the service of Dr. Emerson; however, it is not known if this was Scott's choice, or simply because he lacked awareness of his options. The two remained at Fort Armstrong for nearly three yearsIn 1836, Dred Scott accompanied Dr. Emerson to Fort Snelling, in what was then known as the "Upper Louisiana Territory." In 1820, the United States passed the Missouri Compromise, legislation that attempted to balance the conflicting interests of the North and South by allowing slavery to continue in the Southern states, but prohibiting its expansion into the Western and Northwestern Territories. The dividing line was along the 36th parallel (36º30'), which passed through Missouri. As a condition of the "compromise," the entire state of Missouri was permitted to legalize slavery. Fort Snelling was North of the 36th parallel, but, although technically within the state of Missouri, was (and still is) considered an "unorganized territory" on designated free soil that prohibited slavery.While at Fort Snelling, Dr. Emerson purchased a female slave, Harriet, from a Major Taliaferro. Emerson "permitted" Dred Scott and Harriet to marry in late 1836 or 1837. In October 1837, Emerson was given a brief assignment in St. Louis. Because the weather had already turned cold, parts of the upper Mississippi river were frozen, preventing travel by steamboat. Emerson made the trip alone by canoe, leaving Dred and Harriet in the employ of someone else until he could send for them. Almost immediately, the Army transferred Emerson from St. Louis to Fort Jessup, in Louisianna. While in Louisiana, the doctor met Eliza Irene Sanford (known as Irene), whom he married in February 1838. In April of that year, Emerson sent for Dred and Harriet, who voluntarily traveled hundreds of miles to join the Emersons in a slave state. The four returned to Fort Snelling in October 1838. Enroute, Harriet gave birth to a daughter, Eliza, while on the Steamship Gipsey, on the Mississippi River, north of the 36th parallel and the Missouri state line. The assignment at Fort Snelling lasted until 1840.In May of 1840, the Army sent Emerson to Florida on a medical mission to care for soldiers fighting in the Seminole War. Concerned for his wife's welfare, Emerson sent Irene to live on her father's plantation, called California, in north St. Louis County and turned guardianship of Dred and Harriet over to him. Alexander Sanford owned four slaves and had no need for Dred's and Harriets' services, and hired them out to locals in Emerson's absence.John Emerson was honorably discharged from the military in 1842, and returned to St. Louis to start a private medical practice. He was unable to establish a successful business in the city, so he relocated permanently to Davenport, Iowa. On December 29, 1843, Dr. Emerson died of complications from tertiary syphilis, which was untreatable in the era before penicillin. It is unknown whether Dred and Harriet lived with the Emerson family in Iowa or remained behind in St. Louis. Dr. Emerson's Iowa estate (the documentation for which is missing or destroyed) apparently listed an unspecified number of slaves in its inventory, but the St. Louis estate did not.Irene returned to Missouri, where she and a baby daughter took up residence on her father's plantation. Dred Scott was hired out to Captain Henry Bainbridge, Irene's brother-in-law, then to Samuel Russell, owner of a wholesale grocery store in St. Louis; Harriet and Eliza's disposition during this period is unknown. Harriet gave birth to a second daughter, Lizzie, in 1845.In 1846, Dred Scott attempted to buy freedom for his wife and family from Irene for $300. The offer was refused, so Scott and Harriet attempted to sue for their emancipation in the St. Louis Circuit Court. [NB: A January 10, 1886, posthumous article about Dred Scott, published in the St. Louis Daily Globe Democrat, claims the Scotts were approached by two attorneys, Burd and Risk, in 1838, and urged to sue Dr. Emerson for their freedom on the grounds that Dred had lived in a free state and territory, and was therefore permitted to sue under Missouri state statute. The article claims Scott lost and was returned to Dr. Emerson. The Missouri Historical Society makes no mention of the attorneys or this earlier case, nor has other supporting documentation been found.]In the 1847 case Scott v. Emerson, (1847), against Dr. Emerson's widow, Scott claimed Mrs. Emerson was guilty of battery and that she imprisoned him and his family illegally, because they had gained their freedom while living in slave-free areas. Dred and Harriet's first attorney, Francis B. Murdoch, posted the required security on the Scott's behalf, but moved to California before the trail began. At this point, the children of Peter Blow, Scott's owner prior to Dr. Emerson, became involved in the freedom suits, providing both financial and legal assistance.Samuel Mansfield Bay, a former Missouri legislator and State Attorney General, became the Scott's counsel of record in June 1847. While the judge, Alexander Hamilton, was sympathetic toward emancipation issues, Bay was unable to prove that Mrs. Emerson was holding him as a slave. Taylor Blow, son of Peter Blow, testified that his father had sold Dred Scott to Dr. Emerson. Catherine Scott, wife of a Fort Snelling military officer, also testified that she had hired Harriet while Emerson was stationed in Fort Jessup, Louisiana. Unfortunately, the testimony failed to prove the connection between the Scott family and Irene Scott, who had yet to marry Emerson at the times discussed. Although Samuel Russell, who had hired Scott after the Emersons married, also spoke on the plaintiffs' behalf, his testimony was impeached on a technicality. The jury returned a verdict for Mrs. Emerson.Bay moved for a new trial at which he planned to present additional witnesses supporting Dred Scott's claims. The motion was granted, but due to errors (Dred Scott's new attorneys, Alexander Field and David Hall, approached the Missouri Supreme Court prematurely, and the case was remanded back to the original court), a heavy court schedule, a fire in the courthouse, and an outbreak of cholera, the trial didn't occur until 1850.In the interim, the widow Emerson moved to Massachusetts and married Dr. Calvin Chaffee, a prominent abolitionist who won election to Congress shortly after the couple's wedding.At some point, Irene Emerson (or Chaffee) attempted to distance herself from the legal proceedings, and transferred responsibility for hiring out the Blow family to the county sheriff. Charles Edmund LaBeaume, a St. Louis lawyer and member of the Blow family by marriage, hired the Scotts' in 1851 (they remained with LaBeaume for seven years).At the second trial, Field and Hall bolstered their case by providing an affidavit from Adeline Russell indicating she had made financial arrangements directly with Irene Emerson for the employ of Dred Scott. With the connection to the plaintiff and respondent established, the jury agreed Dred Scott and his family should be freed under the "once free, always free" doctrine. Sanford appealed to the Missouri Supreme Court, which reversed the lower court judgment by a vote of 2-1 in 1852.In 1853, friends of the Scott family suggested filing suit in the federal Circuit Court for the District of Missouri under the diversity clause (the diversity clause gives federal courts jurisdiction over cases between citizens of different states). Unfortunately, the Blow family could no longer afford to underwrite Dred Scott's legal expenses. Charles La Beaume took responsibility for filing the case and briefs in federal court himself, and persuaded his friend, Roswell M. Field (no relation to Alexander Field), to argue the case pro bono.At this point, Irene Emerson Chaffee apparently asked her brother, John Sanford, a New York businessman, to assume responsibility for the case. Sanford claimed to be the rightful owner of the Scott family, having allegedly purchased them directly from the late Dr. Emerson prior to his death. There are no papers or records indicating transfer of ownership, but Sanford may have had standing as executor of Dr. Emerson's estate, despite lying about ownership. Historians speculate Sanford's legal expenses may have been paid by his late wife's family, who were major slave holders in the state of Missouri.The federal suit was similar in most respects to the original litigation in 1846, except that the Scott's daughters were added as plaintiffs, and the family now requested damages in the amount of $9,000.The question of citizenship was originally raised in pretrial motions before the federal Circuit Court, when one of Sanford's attorneys, Hugh Garland, argued the court lacked jurisdiction because Dred Scott was not a citizen due to being a "negro of African descent." Field countered that Scott's ethnic heritage did not bar him from citizenship or the right to sue. Since this was an unsettled point of law, the court overruled Sanford, who then pled not guilty to Dred Scott's charges.Supreme Court CaseThe Circuit Court found in favor of Sanford, and Scott's attorney appealed to the US Supreme Court for the 1854 Term. Roswell requested Montgomery Blair, a St. Louis attorney living in Washington, DC, argue Dred Scott's case before the Court.The question before the Court was distilled to the constitutionality of the "once free, always free" doctrine.Montgomery Blair (Scott's attorney) argued that freedom based on residence in a free state or territory was permanent, and slavery did not reattach on return to a slave state. This ruling had stood in Missouri until the state supreme court had taken a partisan political stance in its 1852 majority opinion. He also stated that a "Negro of African descent" could be a citizen of the United States.The respondent's attorneys, Reverdy Johnson and Henry S. Geyer, argued the Congressional authority to relieve a slave-owner of his property in so-called free states and territories was unconstitutional under the Fifth Amendment Takings Clause. Their position was that Dred Scott was never free to begin with.The constitutional issues elevated the Dred Scott case to national prominence, and heightened tension between opposing interests.On March 6, 1857, Chief Justice Roger B. Taney delivered the 7-2 verdict of the Court. The majority held that "A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a "citizen" within the meaning of the Constitution of the United States....Consequently, the special rights and immunities guarantied to citizens do not apply to them. And not being "citizens" within the meaning of the Constitution, they are not entitled to sue in that character in a court of the United States, and the Circuit Court has not jurisdiction in such a suit."Under Taney's interpretation, neither Dred Scott nor any other African-American, had standing to sue for his or her freedom; nor did the federal courts have jurisdiction to hear the cases. [This holding alone was extremely crippling to legal emancipation prior to Lincoln's signing of the Emancipation Proclamation.] Since African-Americans could not be citizens of the United States, the Court reasoned, they could also not claim to be citizens of any of its states or territories, barring them from pursuing justice in the state courts, as well. "The plaintiff having admitted, by his demurrer to the plea in abatement, that his ancestors were imported from Africa and sold as slaves, he is not a citizen of the State of Missouri according to the Constitution of the United States, and was not entitled to sue in that character in the Circuit Court."Further, Taney declared the Missouri Compromise unconstitutional as a state's rights issue, claiming Congress had no constitutional authority to restrict slave ownership among the states, or to deprive slave owners of their "property," once the federal territories became states: "The clause in the Constitution authorizing Congress to make all needful rules and regulations for the government of the territory and other property of the United States applies only to territory within the chartered limits of some one of the States when they were colonies of Great Britain, and which was surrendered by the British Government to the old Confederation of the States in the treaty of peace. It does not apply to territory acquired by the present Federal Government by treaty or conquest from a foreign nation.""During the time it remains a Territory, Congress may legislate over it within the scope of its constitutional powers in relation to citizens of the United States, and may establish a Territorial Government, and the form of the local Government must be regulated by the discretion of Congress, but with powers not exceeding those which Congress itself, by the Constitution, is authorized to exercise over citizens of the United States in respect to the rights of persons or rights of property.""Congress have no right to prohibit the citizens of any particular State or States from taking up their home there while it permits citizens of other States to do so. Nor has it a right to give privileges to one class of citizens which it refuses to another. The territory is acquired for their equal and common benefit, and if open to any, it must be open to all upon equal and the same terms."Every citizen has a right to take with him into the Territory any article of property which the Constitution of the United States recognizes as property."The Constitution of the United States recognizes slaves as property, and pledges the Federal Government to protect it. And Congress cannot exercise any more authority over property of that description than it may constitutionally exercise over property of any other kind."The act of Congress, therefore, prohibiting a citizen of the United States from taking with him his slaves when he removes to the Territory in question to reside is an exercise of authority over private property which is not warranted by the Constitution, and the removal of the plaintiff by his owner to that Territory gave him no title to freedom."Taney also put an end to the "once free, always free," doctrine replacing it with a concept more akin to "once owned, always owned," based on Fifth Amendment property protections."The plaintiff himself acquired no title to freedom by being taken by his owner to Rock Island, in Illinois, and brought back to Missouri. This court has heretofore decided that thestatus or condition of a person of African descent depended on the laws of the State in which he resided."It has been settled by the decisions of the highest court in Missouri that, by the laws of that State, a slave does not become entitled to his freedom where the owner takes him to reside in a State where slavery is not permitted and afterwards brings him back to Missouri."The Court affirmed the decision of the Missouri Supreme Court and found in favor of Sanford. The seven members voting against Dred Scott were all pro-slavery and had ties to the South.Justices Curtis and McLean dissented from the ruling, finding no constitutional grounds for prohibiting African-Americans from being citizens of the United States, and finding fault with Taney's contradictory claims that the Court lacked jurisdiction, while simultaneously adjudicating the case. When a court lacks jurisdiction, the case is supposed to be dismissed without a decision.Taney apparently hoped his ruling would settle the question of slave ownership and reduce mounting tensions between the southern states and northern abolitionists; however, historians often cite the Dred Scott decision as one of the major catalysts to the Civil War.EpilogueDred Scott almost had his happy ending despite the Supreme Court.Revelation that Congressman Calvin Chaffee's wife, Irene, owned the most famous slave in the United States, brought heavy criticism, both in the press and on the floors of Congress, for the hypocrisy of an abolitionist owning a slave. Chaffee immediately arranged for ownership of the Scott family to be transferred to the late Peter Blow's son, Taylor, who was a resident of Missouri. Under law, only a citizen of Missouri had the right to emancipate a slave in that state.Irene Chaffee, not satisfied with a nominal payment for the exchange, insisted Blow pay her back wages the Scotts earned during the seven years they lived with Charles LaBeaume, a sum she calculated at $750.00 (this was higher than the Scotts' market value had they been sold publicly). Blow paid the charge without complaint.May 26, 1857, Taylor Blow took the Scott family to the St. Louis County courthouse and had them emancipated.Dred Scott found work as a porter at Barnum's St. Louis Hotel, at Second and Walnut Streets in downtown St. Louis, and become something of a local celebrity. Unfortunately, he died of tuberculosis in September 1858, little more than a year after gaining his freedom.Harriet Scott outlived her husband by 18 years. Eliza Scott died of an unspecified cause at the age of 25, sometime around 1863. Lizzie Scott married and had two sons, only one of whom lived to adulthood.Although the case is published as Scott v. Sandford, the correct spelling of the defendant's last name was Sanford. The misspelling was the result of a clerical error that went undetected until sometime after the case was published.

Related questions

The 1842 Coal Mines Act forbade the underground employment of?

Women and boys under the age of 10


The 1842 Coal Mines Act?

forbade the employment of women and boys under 10 years of age in the mines


What did the 1842 Coal Mines Act do?

forbade the employment of women and boys under 10 years of age in the mines


What was the mines act of 1842?

The Act prohibited all underground work for women and girls, and for boys under 10


Did the 1842 Mines Act refer to Wayleaves?

The Mines Act of 1842 passed a law in Great Britain which made it illegal for women to work underground in mines. The most interesting reasoning behind this was that the hot conditions under the mines would cause women to work shirtless, as men often did. This was, at the time, seen as extremely socially unacceptable.


When was the Mines act?

1842


What was the main point of the English law called the Mines Act of 1842?

The Mines Act of 1842 forbid employing children under age 10, and for all women, to work in mines. It should be noted that England mines today and in 1842 have extensive coal mines.


What was the Ashley mines commission?

The Ashley Mines Commission was an parliamentary commission that interviewed mine employers and workers from 1841-1842, focusing on physical conditions and sexual behavior of the workers. The inquiries resulted in the Mines Act of 1842, which sought to reduce immoral behavior and sexual bullying by prohibiting underground work for all women (and for boys younger than ten).


What were women banned from in 1842?

Working In Mines


In what year was the mines act passed?

1842


What year did women stop working in the mines?

1842


What year was the mines act passed Victorian times?

1842