Overview
The case raised the issue of the status of slaves who had been held while residents in a free state. Such states and territories held that a slaveholder forfeited his rights to property by illegally holding a slave to a state that prohibited the institution and where there was no law to support his controlling the slave. Congress had never before addressed whether slaves were free if they set foot upon free soil. The ruling overturned the Missouri Compromise as unconstitutional, since it ruled that as slavery was protected in the Constitution, Congress could not regulate it in the federal Territories and deprive a slave owner of his property without due process. This conclusion enraged the abolitionist Republicans and further exacerbated sectional sentiments that led to the American Civil War. Newspapers at this time covered the case very well, showing people's interest in the topic. Depending on the newspaper (southern or abolitionist) the reporters would either show approval or disapproval towards the decision to deny Scott his freedom.
Scott often traveled with his master Dr. John Emerson, a surgeon in the US Army, who was regularly transferred under Army command. Scott's stay with his master in Illinois, a free state, gave him the legal leverage to make a claim for freedom, as did his extended stay at Fort Snelling in the Wisconsin Territory (now Minnesota), where slavery was also prohibited. Scott did not file a petition for freedom while living in the free lands—perhaps because he was unaware of his rights at the time, or because he was afraid of the possible repercussions. After two years, the army transferred Emerson to territory where slavery was legal: first to St. Louis, Missouri, then to Louisiana. After getting married in Louisiana, Emerson commanded the Scotts to return to him. They could have refused the order by staying in the free territory of Wisconsin (now Minnesota), or by going to the free state of Illinois, but instead they went down the Mississippi River to Louisiana; a voyage of more than 1,000 miles (1,600 km). Emerson died in 1843; his widow directed Scott to work for another officer. At this change Scott sought freedom for his family and himself. He offered US$300, about $7,000 in current value, to Emerson's widow, Irene, but she refused to release him. Scott then went to the St. Louis Circuit Court to obtain his freedom.
Read more about this topic: Dred Scott