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On May 26, 1857, Dred Scott and his family were freed by owner Henry Taylor Blow only 3 months after the Supreme Court ruled against him in Dred Scott v. Sandford. From the article:
"Dred Scott Decision summary: Dred Scott was a slave who sought his freedom through the American legal system. The 1857 decision by the United States Supreme Court in the Dred Scott case denied his plea, determining that no Negro, the term then used to describe anyone with African blood, was or could ever be a citizen. The decision also invalidated the Missouri Compromise of 1820, which had placed restrictions on slavery in certain U.S. territories. Northern abolitionists were outraged. The Dred Scott case became a rallying point for them and contributed to the election of Abraham Lincoln as president in 1860.
Dred Scott Facts
Born
1795, Southampton County, Virginia,
Died
September 17, 1858, St. Louis, Missouri
Accomplishments
Dred Scott Vs. Sanford case in the U.S. Supreme Court, better known as the Dred Scott Decision
Dred Scott Articles
Explore articles from the History Net archives about Dred Scott Decision
Dred Scott’s Early Life
Dred Scott was born in Virginia around 1800; birth records were spotty even among the white population and much more so where slaves were concerned. His owner, Peter Blow, removed to Alabama and then, in 1830, to St. Louis, Missouri, taking his slaves with him.
Blow died two years later, and Scott was sold to an army surgeon, Dr. John Emerson. In 1833, Emerson took Scott with him when he was assigned to duty in Illinois. When Illinois entered the Union in 1818, the state’s constitution included the phrase, "Neither slavery nor involuntary servitude shall herein by introduced into this state otherwise than for the punishment of crimes." This wording allowed residents who already owned slaves to retain them as property, while circumventing the United States Ordinance of 1787, which prohibited slavery in the area of what was then called the Northwest Territory. Technically, Illinois was a "free state," but hundreds of slaves remained in bondage there well into the 19th century.
Dred Scott Gets Married As A Slave
In 1836, Dr. Emerson was reassigned to a fort in Wisconsin Territory, again taking Scott with him. Scott met and married a slave named Harriet Robinson, and her ownership was transferred to Emerson. The doctor left his slaves behind when the Army transferred him again, first to St. Louis and then to Louisiana. In Louisiana, he met and married Eliza Irene Sanford, who was visiting from St. Louis. The couple returned to that city, and Emerson sent for his slave couple, who made the 1,000-mile trip down the Mississippi to rejoin him; apparently they were not accompanied by anyone and might have tried escaping to a free state or to Canada but did not make the attempt.
Filing Suit For His Freedom
Only after the doctor died in 1843 and his widow hired Scott out to another Army captain did he try to arrange freedom for himself and his wife. The couple and Mrs. Emerson were living in St. Louis by then, and Scott offered her $300 for their manumission. She refused. Both Scotts took the matter to court, filing separately; they had lived for extended periods in a free territory, and he had lived in a free state. Therefore, their petitions claimed they were free, based on the 1824 Missouri Supreme Court decision in Winny v. Whitesides, which established the standard, "once free, always free" in cases of this matter. Ironically, his first trial, in June 1847, was tossed out on a technicality—he couldn’t prove he and Harriet were owned by Mrs. Emerson.
In an 1850 retrial, the couple were granted their freedom, only to have it taken away by the Missouri Supreme Court after two years. At the time the case went to the state supreme court, all parties agreed that the decision in Dred Scott’s case would also apply to Harriet’s. Up to this point, it was a run-of-the-mill case of its type, not uncommon in Missouri. However, many people believe the state’s supreme court justices, who reflected Missouri’s increasingly pro-slavery stance, were looking for an opportunity to overturn the decisions that had benefitted slaves seeking freedom. Their decision denying the Scotts’ freedom appears to be when the case took on political overtones. It was also during this hearing that Mrs. Emerson’s lawyer introduced for the first time the argument questioning the authority of the U.S. Congress to prohibit slavery in the territories.
Dred Scott Vs. Sanford Goes To The Supreme Court
Scott appealed to the United States Circuit Court in Missouri, which upheld the Missouri Supreme Court’s decision. Scott and his lawyers then appealed to the Supreme Court.
The odds there were not in his favor. Five of the nine justices were from slave-holding families. By this time, nearly a decade had passed since Scott first sought freedom through the courts. Along the way Mrs. Emerson’s brother, John Sanford of New York, claimed he now owned the slaves, for reasons that have never been determined. Scott’s lawyers used an argument based on the fact the defendant—Sanford—and the plaintiff were from different states, shifting the focus of the case to whether the Supreme Court had jurisdiction and whether or not Scott was a citizen of the United States.
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In March 1857, the majority opinion stated that because of Scott’s race he was not a citizen and had no right to sue under the Constitution. Stretching beyond the case of the moment, the court’s decision also invalidated the Missouri Compromise of 1820 that had for nearly 40 years placed restrictions on slavery north of the parallel 36 degrees, 30 minutes, in the vast territory of the Louisiana Purchase.
Scott’s abolitionist lawyers might have hoped for a landmark decision but not the one they got. The Supreme Court’s ruling galvanized the abolition movement and spurred Abraham Lincoln to publicly speak out against it, the event that led to the resurgence of his personal political career.
Dred Scott Finally Gets His Freedom
Throughout the ordeal, part of Scott’s legal fees had been paid by the sons of his original owner, Peter Blow. Their reasons for doing so are one of many mysteries surrounding this case. After failing to obtain his freedom through the courts, they arranged to purchase Dred and Harriet Scott and set them free. Irene Emerson had re-married; her husband, Dr. Calvin Chaffee, was an abolitionist Massachusetts Congressman who was being disparaged for his connections to the case, although the original suits predated his marriage. He arranged to transfer ownership of the Scotts, and his wife accepted $750 for them.
Dred Scott did not get to enjoy his freedom very long. He died nine months later, September 17, 1858. Harriet, who had been a teenager when they wed, lived until June 17, 1876. They had four children: two sons who died in infancy and two daughters, Eliza and Lizzie. Lizzie, who would live to the age of 99, had no children. Eliza did, however, and there are still descendants of Dred and Harriet Scott living today."
"Dred Scott Decision summary: Dred Scott was a slave who sought his freedom through the American legal system. The 1857 decision by the United States Supreme Court in the Dred Scott case denied his plea, determining that no Negro, the term then used to describe anyone with African blood, was or could ever be a citizen. The decision also invalidated the Missouri Compromise of 1820, which had placed restrictions on slavery in certain U.S. territories. Northern abolitionists were outraged. The Dred Scott case became a rallying point for them and contributed to the election of Abraham Lincoln as president in 1860.
Dred Scott Facts
Born
1795, Southampton County, Virginia,
Died
September 17, 1858, St. Louis, Missouri
Accomplishments
Dred Scott Vs. Sanford case in the U.S. Supreme Court, better known as the Dred Scott Decision
Dred Scott Articles
Explore articles from the History Net archives about Dred Scott Decision
Dred Scott’s Early Life
Dred Scott was born in Virginia around 1800; birth records were spotty even among the white population and much more so where slaves were concerned. His owner, Peter Blow, removed to Alabama and then, in 1830, to St. Louis, Missouri, taking his slaves with him.
Blow died two years later, and Scott was sold to an army surgeon, Dr. John Emerson. In 1833, Emerson took Scott with him when he was assigned to duty in Illinois. When Illinois entered the Union in 1818, the state’s constitution included the phrase, "Neither slavery nor involuntary servitude shall herein by introduced into this state otherwise than for the punishment of crimes." This wording allowed residents who already owned slaves to retain them as property, while circumventing the United States Ordinance of 1787, which prohibited slavery in the area of what was then called the Northwest Territory. Technically, Illinois was a "free state," but hundreds of slaves remained in bondage there well into the 19th century.
Dred Scott Gets Married As A Slave
In 1836, Dr. Emerson was reassigned to a fort in Wisconsin Territory, again taking Scott with him. Scott met and married a slave named Harriet Robinson, and her ownership was transferred to Emerson. The doctor left his slaves behind when the Army transferred him again, first to St. Louis and then to Louisiana. In Louisiana, he met and married Eliza Irene Sanford, who was visiting from St. Louis. The couple returned to that city, and Emerson sent for his slave couple, who made the 1,000-mile trip down the Mississippi to rejoin him; apparently they were not accompanied by anyone and might have tried escaping to a free state or to Canada but did not make the attempt.
Filing Suit For His Freedom
Only after the doctor died in 1843 and his widow hired Scott out to another Army captain did he try to arrange freedom for himself and his wife. The couple and Mrs. Emerson were living in St. Louis by then, and Scott offered her $300 for their manumission. She refused. Both Scotts took the matter to court, filing separately; they had lived for extended periods in a free territory, and he had lived in a free state. Therefore, their petitions claimed they were free, based on the 1824 Missouri Supreme Court decision in Winny v. Whitesides, which established the standard, "once free, always free" in cases of this matter. Ironically, his first trial, in June 1847, was tossed out on a technicality—he couldn’t prove he and Harriet were owned by Mrs. Emerson.
In an 1850 retrial, the couple were granted their freedom, only to have it taken away by the Missouri Supreme Court after two years. At the time the case went to the state supreme court, all parties agreed that the decision in Dred Scott’s case would also apply to Harriet’s. Up to this point, it was a run-of-the-mill case of its type, not uncommon in Missouri. However, many people believe the state’s supreme court justices, who reflected Missouri’s increasingly pro-slavery stance, were looking for an opportunity to overturn the decisions that had benefitted slaves seeking freedom. Their decision denying the Scotts’ freedom appears to be when the case took on political overtones. It was also during this hearing that Mrs. Emerson’s lawyer introduced for the first time the argument questioning the authority of the U.S. Congress to prohibit slavery in the territories.
Dred Scott Vs. Sanford Goes To The Supreme Court
Scott appealed to the United States Circuit Court in Missouri, which upheld the Missouri Supreme Court’s decision. Scott and his lawyers then appealed to the Supreme Court.
The odds there were not in his favor. Five of the nine justices were from slave-holding families. By this time, nearly a decade had passed since Scott first sought freedom through the courts. Along the way Mrs. Emerson’s brother, John Sanford of New York, claimed he now owned the slaves, for reasons that have never been determined. Scott’s lawyers used an argument based on the fact the defendant—Sanford—and the plaintiff were from different states, shifting the focus of the case to whether the Supreme Court had jurisdiction and whether or not Scott was a citizen of the United States.
Subscribe online and save nearly 40%!!!
In March 1857, the majority opinion stated that because of Scott’s race he was not a citizen and had no right to sue under the Constitution. Stretching beyond the case of the moment, the court’s decision also invalidated the Missouri Compromise of 1820 that had for nearly 40 years placed restrictions on slavery north of the parallel 36 degrees, 30 minutes, in the vast territory of the Louisiana Purchase.
Scott’s abolitionist lawyers might have hoped for a landmark decision but not the one they got. The Supreme Court’s ruling galvanized the abolition movement and spurred Abraham Lincoln to publicly speak out against it, the event that led to the resurgence of his personal political career.
Dred Scott Finally Gets His Freedom
Throughout the ordeal, part of Scott’s legal fees had been paid by the sons of his original owner, Peter Blow. Their reasons for doing so are one of many mysteries surrounding this case. After failing to obtain his freedom through the courts, they arranged to purchase Dred and Harriet Scott and set them free. Irene Emerson had re-married; her husband, Dr. Calvin Chaffee, was an abolitionist Massachusetts Congressman who was being disparaged for his connections to the case, although the original suits predated his marriage. He arranged to transfer ownership of the Scotts, and his wife accepted $750 for them.
Dred Scott did not get to enjoy his freedom very long. He died nine months later, September 17, 1858. Harriet, who had been a teenager when they wed, lived until June 17, 1876. They had four children: two sons who died in infancy and two daughters, Eliza and Lizzie. Lizzie, who would live to the age of 99, had no children. Eliza did, however, and there are still descendants of Dred and Harriet Scott living today."
Dred Scott
Posted from historynet.com
Slavery
Supreme Court
American History
Freedom
Law
Posted >1 y ago
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