“Our Declaration of Independence was held sacred by all, and thought to include all; but now, to aid in making the
bondage of the negro universal and eternal, it is assailed, and sneered at, and construed, and hawked at, and torn, till, if
its framers could rise from their graves, they could not at all recognize it.” – Abraham Lincoln
Dred Scott v. Sandford (1857)
Student Name: _____________________________________
Your Historical Figure: ______________________________
Learning Targets:


I can describe the definition of citizenship prior to the Civil War.
I can evaluate whether the Dred Scott v. Sandford (1857) decision was moral.
B
y going through this simulation you will begin to determine several
of the issues that led to the Civil War and what role the Supreme
Court plays in determining the constitutionality of the U.S.’s laws.
You will accomplish this by enacting a simulation in which you adopt the
roles of several figures from Scott v. Sandford (1857).
Background Information:
Dred Scott was an enslaved man in Missouri. From 1833 to 1843, he lived in
Illinois (a free state) and in an area of the Louisiana Territory, where slavery
was forbidden by the Missouri Compromise of 1820. After returning to
Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom,
claiming that his residence in free territory made him a free man. Scott then
brought a new suit in federal court. Scott's master maintained that no one of
African descent and the descendant of slaves could be a citizen in the sense of
Article III of the Constitution.
Dred Scott
Political Broadside of the Election of
1860
I
t is important to remember that this is a simulation of oral arguments
in the Supreme Court and not a trial. No evidence is collected and no
witnesses are called. The lawyers for both sides are simply putting
forth their best legal arguments, and answering the questions that the justices
have.
Below are the roles and a brief description of who these people are.
There will be the lawyers for Dred Scott and lawyers for John F.A.
Sanford. There will also be nine Supreme Court Justices. The rest of
the people will be politicians, abolitionists, or a court cartoonist.

Dred Scott (Petitioner) – man attempting to sue for his freedom*

John F.A. Sanford (Respondent) – Brother-in-law of Dr. John
Chief Justice Roger B. Taney
Emerson who was the original owner of Scott and is now
deceased*
Lawyers for Dred Scott – Montgomery Blair and George Ticknor Curtis
Lawyers for John F.A. Sanford – Henry S. Geyer and Reverdy Johnson
Roger B. Taney – Chief Justice of the Supreme Court
Benjamin R. Curtis – Supreme Court Justice
James M. Wayne – Supreme Court Justice
John A. Campbell – Supreme Court Justice
John Catron – Supreme Court Justice
John McLean – Supreme Court Justice
Peter V. Daniel – Supreme Court Justice
Robert C. Grier – Supreme Court Justice
Samuel Nelson – Supreme Court Justice
James Buchanan, President-Elect of the United States*
Republicans: Abraham Lincoln, William Seward, Charles Sumner
Abolitionists: Frederick Douglass, William Lloyd Garrison,
Harriet Tubman, Sojourner Truth, and Harriet Beecher Stowe
Court Cartoonist















*Dred Scott and John F.A.
Sanford will not be at the
trial; they are represented
at the trial by their
lawyers. President-Elect
Buchanan will make a
special appearance
2
Dred Scott v. Sandford (1857) – Precedent Cases & Etc.
1. What is a precedent?
2. Annotate each of the precedent cases/laws and create a one-sentence summary.
Rachel v. Walker (1836), Missouri Supreme Court
Missouri's case law prior to the Dred Scott case showed that in the cases where slave owners took
slaves to free territory and then returned to the slave state, the slaves were actually emancipated
(freed) upon arrival in the free state. This was based on an informal legal precedent called "comity"
(one court recognizing the jurisdiction or authority of another.) This particular case determined that
even a slave-holding officer residing on a military post in a free state was obligated to follow that
state's rules.
Source: http://lincoln.lib.niu.edu/teachers/lesson11group2
a. One-sentence Summary:
U.S. v. The Amistad (1841), U.S. Supreme Court Case
Kidnapped Africans were transported from Guinea to Cuba on a
Portuguese slave ship in violation of Spanish laws forbidding
the international slave trade. The slaves were sold to two
Spaniards who were overpowered by the Africans while
transporting them on the Amistad. The Africans were
attempting to return to Africa, but the ship landed near Long
Island, New York and they were taken to New London,
Connecticut. The Supreme Court ruled in favor of the Africans
stating that there was no evidence that the Africans were in fact
slaves (they found that the documents that the Cubans had given La Amistad
were falsified.) However, even though the Court did rule in the
Africans favor, they did not use the language of the defense argument which stated that because the Africans
were brought into the free states of New York and Connecticut they were legally free.
Source: http://lincoln.lib.niu.edu/teachers/lesson11group2
b. One-sentence Summary:
3
Prigg v. Pennsylvania (1842), U.S. Supreme Court
This case dealt with the constitutionality of personal liberty laws in
free states. In this case Pennsylvania's 1826 law was used to prosecute
a slave-catcher (Prigg) who had taken Margaret Moran to Maryland
without the required "certificate of removal." The Supreme Court held
that the Pennsylvania act was unconstitutional and that a master had
the right to recapture runaway slaves based on common law or
because of the fugitive-slave clause in the Constitution.
Source: http://lincoln.lib.niu.edu/teachers/lesson11group2
c. One-sentence Summary:
Handbill warning Boston’s
black population
Strader v. Graham (1851), U.S. Supreme Court
In this case two slave musicians were taken into Ohio and then later escaped from Kentucky to
Canada. The slave-owner captured them back and it was argued in court that they were freed the
minute they set foot on free soil. The Kentucky Court of Appeals decided in favor of the slave-owner
(it was really a suit for damages by the slave-owner against the men who had aided the slaves in their
escape.) The Supreme Court dismissed the case stating it lacked jurisdiction (authority) because the
Northwest Ordinance did not apply to Ohio because it was superseded by state law, thus the case did
not present a federal question. Taney's opinion in this case outlined the idea that once the slaves
were returned to Kentucky, Kentucky law applied and Ohio law could not be considered.
Source: http://lincoln.lib.niu.edu/teachers/lesson11group2
d. One-sentence Summary:
4
Naturalization Act of 1802
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That any alien being a free white
person may be admitted to become a citizen of the United States or any of them on the following conditions and not otherwise
First That he shall have declared on oath or affirmation before the supreme superior district or circuit court of some one of the states or
of the territorial districts of the United States . . . three years at least before his admission that it was . . . his intention to become a citizen
of the United States and to renounce for ever [sic] all allegiance and fidelity to any foreign prince potentate state or sovereignty. . . .
Secondly That he shall at the time of his application to be admitted declare on oath or affirmation before some one of the courts
aforesaid that he will support the constitution of the United States and that he doth absolutely and entirely renounce and abjure all
allegiance and fidelity to every foreign prince potentate state or sovereignty. . . .
Thirdly That the court admitting such alien shall be satisfied that he has resided within the United States five years at least and within
the state or territory where such court is at the time held one year at least and it shall further appear to their satisfaction that during that
time he has behaved as a man of a good moral character attached to the principles of the constitution of the United States. . . .
SEC 4 And be it further enacted That the children of persons duly naturalized under any of the laws of the United States or who
previous to the passing of any law on that subject by the government of the United States may have become citizens of any one of the
said states under the laws thereof being under the age of twenty one years at the time of their parents being so naturalized or admitted to
the rights of citizenship shall if dwelling in the United States be considered as citizens of the United States and the children of persons
who now are or have been citizens of the United States shall though born out of the limits and jurisdiction of the United States be
considered as citizens of the United States provided That the right of citizenship shall not descend to persons whose fathers have never
resided within the United States
e. One-sentence Summary:
5
Missouri Compromise, 1820
Source: http://www-tc.pbs.org/wgbh/americanexperience/media/uploads/lincolns_shifting_1820.jpg
f. Create a caption for this map (Hint: Use the whole key in your response and your handout entitled: Missouri Compromise):
6
Compromise of 1850
Popular Sovereignty –
People could vote to
determine whether or not
they wanted slavery
Source: http://www-tc.pbs.org/wgbh/americanexperience/media/uploads/lincolns_shifting_1850.jpg
g. Create a caption for this map (Hint: First, use the map from the Compromise of 1820 before to figure out the differences. Next,
look at your key and your handout entitled: Compromise of 1850 Reactions):
7
U.S. Constitution, Article III
Section 1
The judicial power of the United States . . . shall be vested in one Supreme Court .
. . as . . . Congress may from time to time ordain and establish.
Section 2
The judicial power shall extend to all cases, in law and equity, arising under this
Constitution, the laws of the United States, and treaties made, or which shall be
made, under their authority; [The court can pass judgment regarding] all . . .
controversies to which the United States shall be a party . . . to controversies
between two or more States . . . between a state and citizens of another state . . .
between citizens of different States . . . between citizens of the same State claiming
lands under grants of different states, and between a state, or the citizens thereof,
and foreign states, citizens or subjects.
How does this help the Supreme Court?
In all Cases affecting ambassadors, other public ministers and consuls, and those in
which a state shall be party, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme
Court shall have appellate Jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall
make.
Source: https://www.law.cornell.edu/constitution/articleiii
h. One-sentence summary:
8
Notes on Dred Scott v. Sandford (1857)
In each box, jot down evidence presented by that person regarding whether you think Dred Scott
should be a citizen of the U.S. and ultimately, a free man. Include in your notes any information
about the background of the speaker (where he is from, the types of questions being asked, and how
strong of a case they are making).
3. Complete the chart below with information regarding how each side will try to prove the case
(key points) based on the lawyers’ opening statements.
Lawyers for the Petitioner
(Dred Scott)
Lawyers for the Respondent
(John F. A. Sanford)
4. In your opinion, who made the stronger opening statement? Explain.
9
5. Complete the chart below based on the dialogue between the Justices and the lawyers.
Issue: Whether or not Dred Scott is a citizen of the U.S. and a free man?
Supreme
Court
Justices:
Issue: Whether Dred Scott is a citizen of the U.S. and a free man?
Roger B.
Taney, Chief
Justice
Benjamin R.
Curtis,
Justice
James M.
Wayne,
Justice
John A.
Campbell,
Justice
10
Peter V.
Daniel,
Justice
John Catron,
Justice
John
McLean,
Justice
Robert C.
Grier,
Justice
Samuel
Nelson,
Justice
11
Newspaper Headlines: Scott v. Sandford (1857)
6. Complete the chart below at the end of each day based on the politician’s statements.
Politician, Party
Abraham
Lincoln,
Republican
Politician’s Statements
Day I:
Day II:
Day III:
William
Seward,
Republican
Day I:
Day II:
Day III:
Charles
Sumner,
Republican
Day I:
Day II:
Day III:
James
Buchanan,
Democrat
12
Newspaper Headlines, continued: Scott v. Sandford (1857)
7. Complete the chart below based on the abolitionist’s statements.
Figure
Frederick
Douglass
Abolitionist’s Statements
Day I:
Day II:
Day III:
William Lloyd
Garrison
Day I:
Day II:
Day III:
Harriet Tubman Day I:
Day II:
Day III:
Sojourner Truth Day I:
Day II:
Day III:
Harriet Beecher
Stowe
Day I:
Day II:
Day III:
13
Scott v. Sandford (1857) – Calendar
Monday
Tuesday
18
What happened before 1857?
All – Finish precedents
All – Read through ENTIRE
packet and begin answering
clarifying questions
25
Memorial Day
Tomb of the Unknown Soldier
Wednesday
19
How does a Supreme Court
hearing work?
J – Define terms; analyze the
opinion in DHS v. MacLean
(2014); answer questions
associated with it
A – Read through the packet,
highlight notices, and prep for
writing argument
P & Abolitionists – Read
through packet to prep for
write speech/letter
C – Read through packet and
begin prep work for cartoon
26
How does perspective affect
opinion?
J – Complete ALL work in
preparation for receiving the
attorney’s arguments; quiz
each other about the facts of
the case
A – Revise and complete
arguments, print copies
P & Abolitionists, C – Prepare
to share work with class. What
is your perspective/bias? Who
is your audience?
Thursday
20
What was the state of the
nation in 1857?
J – Learn role, read the
background of Scott v. Sandford
A – Complete case essay
procedure
P & Abolitionists – Begin
work on speech/letter via
Google Docs
C – Begin work on political
cartoon
27
How does perspective affect
opinion?
J – Review the attorney’s
arguments and develop a
series of deliberate questions
A – Think of questions the
justices may ask; memorize
precedent cases and facts from
the case
P & Abolitionists, C – Share
work with the class and
explain rationale
Friday
21
How does perspective affect
opinion?
J – Reread your packet, master
your roles, discuss your biases
and how they may affect your
decision, memorize the
precedent cases
A – Begin writing your
argument via Google Docs
P & Abolitionists Continue
working on speech/letter via
Google Docs
C – Continue working on
political cartoon
22
28
How does perspective affect
opinion?
J – Quiz each other on the
precedent cases, begin talking
with your justice’s voice,
develop questions based on the
background of the case and the
attorney’s argument pages
A – Complete rough of
argument via Google Docs
P & Abolitionists – Complete
final draft of speech/letter via
Google Docs
C – Complete final draft of
political cartoon & explanation
using Google Docs
29
The Trial Begins!
J – Take notes; interrogate
attorneys for information and
clarification
A – Petitioner presents
argument; respondents take
notes
P & Abolitionists – Take notes
and create headlines for
constituents
C – Create political cartoon of
trial
The Trial Continues
J – Take notes; interrogate
attorneys for information and
clarification
A – Respondent presents
argument; petitioners take
notes
P & Abolitionists – Take notes
and create headlines for
constituents
C – Finish political cartoon of
trial
14
1
The Trial Concludes
J – Deliberate, vote, begin
planning and writing opinions
A, P & Abolitionists, C –
Begin reflection via Google
Docs
2
Deliberate/Reflect
J – Write majority and
dissenting opinions
A, P & Abolitionists, C –
Revise and complete final draft
of reflection via Google Docs
3
Delivery of the Verdict &
Historical Relevance
4
5
Final Reflections Due
1st Book Talk
*Last day with computers
Harriet Scott and her husband Dred Scott
15
Task
Worth
Planning
35
Trial
20
What to Do for Full Credit
Comments
Attorneys:
 Actively read through your material (history, precedents, etc.) – 10
 Craft a 2-4 page essay addressing the following: the facts, issue, precedents, you argument, and the conclusion the day before
the trial – 15
 Compile a list of questions that the justices might ask – 10
Justices:
 Actively read through your material (history, beliefs, etc.) – 20
 Actively read through the attorneys’ essays and come up with questions to quiz them on based on your beliefs – 15
Politicians & Abolitionists:
 Actively read through your material (history, precedents, etc.) – 10
 Create a 2 paragraph letter addressing the background of the case and what to expect – 25
Court Cartoonist:
 Actively read through your material (history, precedents, etc.) – 10
 Create a political cartoon addressing the climate of the country prior to the case and a paragraph explanation of it on Google
Docs (How do you entice the readers of your paper to read it?) – 25
Attorneys
 Read through opening statement, facts, issues, precedents, closure – 5
 Take notes on the trial in the student handout (justices’ questions, opposition, etc.) – 10
 Address questions from justices – 5
Justices:
 Take notes on the trial in the student handout (justices’ questions, attorneys, etc.) – 10
 Interrupt with questions (using the techniques learned from the Supreme Court audio) – 10
Politicians & Abolitionists:
 Take notes on the trial in the student handout (justices’ questions, attorneys, etc.) – 10
 Create and present a one-sentence summary or headline of the case for the day for your constituents/country – 10
Court Cartoonist:
 Create a political cartoon addressing the courtroom arguments – 10
Attorneys, Politicians, Abolitionists, & Court Cartoonist:
 Complete reflection which addresses the following: – 20
o Who do you think won and why?
o What were the strengths and weaknesses of both sides?
Post-Trial
20
Justices:
 Secretly vote and write a majority decision together via Google Docs; minority will craft the dissent – 20
 Read the majority decision; read the dissent
 Justices will voice their individual opinions when it comes to the rulings
Total
/
16
Name: _________________________
Period ____
Rank the roles in order from your top choice, to your least desirable choice. (Attorney,
Politician/Abolitionist, Justice, or Cartoonist are your only options.)
1. ___________________________________________________________________
2. ___________________________________________________________________
3. ___________________________________________________________________
Complete the chart with your group to address what each group’s role is at the different stages.
Stages
Attorneys
Justices
Newspaper Editors
Pre-trial
During Trial
Post-trial
17