Dred Scott - Dred Scott Case

Dred Scott Case

Having failed to purchase his freedom, in 1846 Scott filed legal suit in St Louis Circuit Court through the help of a local lawyer. Historical details about why Scott sought recourse in the court system are unclear. The Scott v. Emerson case was tried in 1847 in the federal-state courthouse in St. Louis. The judgment went against Scott, but having found evidence of hearsay, the judge called for a retrial.

In 1850, a Missouri jury concluded that Scott and his wife should be granted freedom since they had been illegally held as slaves during their extended residence in the free jurisdictions of Illinois and Wisconsin. Irene Emerson appealed. In 1852, the Missouri Supreme Court struck down the lower court ruling, saying, "Times now are not as they were when the previous decisions on this subject were made." They ruled that the precedent of "once free always free" was no longer the case, overturning 28 years of legal precedent. They told the Scotts they should have sued for freedom in Wisconsin. Justice Hamilton R. Gamble, a future governor of the state, sharply disagreed with the majority decision and wrote a dissenting opinion. The Scotts were returned to their master's wife.

Under Missouri law at the time, after Dr. Emerson had died, powers of the Emerson estate were transferred to his wife's brother, John F. A. Sanford. Because Sanford was a citizen of New York, Scott's lawyers "claimed the case should now be brought before the Federal courts, on the grounds of diverse citizenship." With the assistance of new lawyers (including Montgomery Blair), the Scotts filed suit in the federal court.

After losing again in federal district court, they appealed to the United States Supreme Court in Dred Scott v. Sandford. (The name is spelled 'Sandford' in the court decision due to a clerical error.)

On March 6, 1857, Chief Justice Roger B. Taney delivered the majority opinion. Taney ruled that:

• Any person descended from Africans, whether slave or free, is not a citizen of the United States, according to the Constitution. (Note: Only 3/5ths of a state's slave population total was counted in their population total for purposes of congressional representation. There were free blacks in several of the 13 states when the Constitution was written. Their number increased dramatically in the Upper South in the first two decades after the Revolution; for instance, by 1810, fully 10 percent of the population in the Upper South were free blacks, as numerous slaveholders manumitted their slaves in this period, inspired by Revolutionary principles of equality.)
• The Ordinance of 1787 could not confer either freedom or citizenship within the Northwest Territory to non-white individuals.
• The provisions of the Act of 1820, known as the Missouri Compromise, were voided as a legislative act, since the act exceeded the powers of Congress, insofar as it attempted to exclude slavery and impart freedom and citizenship to non-white persons in the northern part of the Louisiana Purchase.

The Court had ruled that African Americans had no claim to freedom or citizenship. Since they were not citizens, they did not possess the legal standing to bring suit in a federal court. As slaves were private property, Congress did not have the power to regulate slavery in the territories and could not revoke a slave owner's rights based on where he lived. This decision nullified the essence of the Missouri Compromise, which divided territories into jurisdictions either free or slave. Speaking for the majority, Taney ruled that because Scott was simply considered the private property of his owners, that he was subject to the Fifth Amendment to the United States Constitution, prohibiting the taking of property from its owner "without due process". Ultimately, the 14th Amendment to the Constitution settled the issue of Black citizenship via Section 1 of that Amendment: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside..."

The Scott decision increased tensions between pro-slavery and anti-slavery factions in both North and South, further pushing the country towards the brink of civil war.

Following the ruling, Scott and his family were returned to Emerson's widow. In the meantime, her brother John Sanford had been committed to an insane asylum. In 1850, Irene Sanford Emerson had remarried. Her new husband, Calvin C. Chaffee, was an abolitionist, who shortly after was elected to the US Congress. Chaffee was apparently unaware that his wife owned the most prominent slave in the United States until one month before the Supreme Court decision. By then it was too late for him to intervene, and Chaffee was harshly criticized for having been married to a slaveholder. He was able to convince his wife Irene to return Scott to his original owners, the Blow family. By this time, the Blow family had relocated to Missouri and become opponents of slavery, granting the Scotts emancipation by Henry Taylor Blow on May 26, 1857, less than three months after the Supreme Court ruling.Scott went to work as a porter in St. Louis for nearly 17 months before he died from tuberculosis in September 1858. Scott was survived by his wife and his two daughters.

Scott was originally interred in Wesleyan Cemetery in St. Louis. When this cemetery was closed nine years later, Taylor Blow transferred Scott's coffin to a plot in the nearby Catholic cemetery, Calvary Cemetery, St. Louis, Missouri, which permitted burial of non-Catholic slaves by Catholic owners. A local tradition later developed of placing Lincoln pennies on top of Scott's gravestone for good luck.

Harriet Scott was long thought to be buried near her husband, but it was later proven that she was buried in Greenwood Cemetery in Hillsdale, Missouri. She outlived her husband by 18 years, dying on June 17, 1876.