Original Works by Joe Ryan @ AmericanCivilWar.com What Caused the Civil War |
The Dred Scott Decision
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Kindle Available Raising Freedom's Child: Black Children and Visions of the Future After Slavery Previously untapped documents and period photographs casts a dazzling, fresh light on the way that abolitionists, educators, missionaries, planters, politicians, and free children of color envisioned the status of African Americans after emancipation |
One of the most important cases ever tried in the United States was heard in St. Louis' Old Courthouse. The two trials of Dred Scott in 1847 and 1850 were the beginning of a complicated series of events which concluded with a U.S. Supreme Court decision in 1857, and hastened the start of the Civil War. When the first case began in 1847, Dred Scott was about 50 years old. He was born in Virginia about 1799, and was the property, as his parents had been, of the Peter Blow family. He had spent his entire life as a slave, and was illiterate. Dred Scott moved to St. Louis with the Blows in 1830, but was soon sold due to his master's financial problems. He was purchased by Dr. John Emerson, a military surgeon stationed at Jefferson Barracks, and accompanied him to posts in Illinois and the Wisconsin Territory, where slavery had been prohibited by the Missouri Compromise of 1820. During this period, Dred Scott married Harriet Robinson, also a slave, at Fort Snelling; they later had two children, Eliza and Lizzie. John Emerson married Irene Sanford during a brief stay in Louisiana. In 1842, the Scotts returned with Dr. and Mrs. Emerson in St. Louis. John Emerson died the following year, and it is believed that Mrs. Emerson hired out Dred Scott, Harriet, and their children to work for other families. On April 6th, 1846, Dred Scott and his wife Harriet filed suit against Irene Emerson for their freedom. For almost nine years, Scott had lived in free territories, yet made no attempt to end his servitude. It is not known for sure why he chose this particular time for the suit, although historians have considered three possibilities: He may have been dissatisfied with being hired out; Mrs. Emerson might have been planning to sell him; or he may have offered to buy his own freedom and been refused. It is known that the suit was not brought for political reasons. It is thought that friends in St. Louis who opposed slavery had encouraged Scott to sue for his freedom on the grounds that he had once lived in a free territory. In the past, Missouri courts supported the doctrine of "once free, always free." Dred Scott could not read or write and had no money. He needed help with his suit. John Anderson, the Scott's minister, may have been influential in their decision to sue, and the Blow family, Dred's original owners, backed him financially. The support of such friends helped the Scotts through nearly eleven years of complex and often disappointing litigation. It is difficult to understand today, but under the law in 1846 whether or not the Scotts were entitled to their freedom was not as important as the consideration of property rights. If slaves were indeed valuable property, like a car or an expensive home today, could they be taken away from their owners because of where the owner had taken them? In other words, if you drove your car from Missouri to Illinois, and the State of Illinois said that it was illegal to own a car in Illinois, could the authorities take the car away from you when you returned to Missouri? These were the questions being discussed in the Dred Scott case, with one major difference: your car is not human, and cannot sue you. Although few whites considered the human factor in Dred Scott's slave suit, today we acknowledge that it is wrong to hold people against their will and force them to work as people did in the days of slavery. |
Dred and Harriet Scott 24 in. x 18 in. Buy at AllPosters.com Framed Mounted |
Kindle Available The Dred Scott Case: Its Significance in American Law and Politics Winner of the Pulitzer Prize in 1979. Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott |
The Dred Scott case was first brought to trial in 1847 in the first floor, west wing courtroom of St. Louis' Courthouse. The Scotts lost the first trial because hearsay evidence was presented, but they were granted the right by the judge to a second trial. In the second trial, held in the same courtroom in 1850, a jury heard the evidence and decided that Dred Scott and his family should be free. Slaves were valuable property, and Mrs. Emerson did not want to lose the Scotts, so she appealed her case to the Missouri State Supreme Court, which in 1852 reversed the ruling made at the Old Courthouse, stating that "times now are not as they were when the previous decisions on this subject were made." The slavery issue was becoming more divisive nationwide, and provided the court with political reasons to return Dred Scott to slavery. The court was saying that Missouri law allowed slavery, and it would uphold the rights of slave-owners in the state at all costs. Dred Scott was not ready to give up in his fight for freedom for himself and his family, however. With the help of a new team of lawyers who hated slavery, Dred Scott filed suit in St. Louis Federal Court in 1854 against John F.A. Sanford, Mrs. Emerson's brother and executor of the Emerson estate. Since Sanford resided in New York, the case was taken to the Federal courts due to diversity of residence. The suit was heard not in the Old Courthouse but in the Papin Building, near the area where the north leg of the Gateway Arch stands today. The case was decided in favor of Sanford, but Dred Scott appealed to the U.S. Supreme Court. On March 6th, 1857, Chief Justice Roger B. Taney delivered the majority opinion of the U.S. Supreme Court in the Dred Scott case. Seven of the nine justices agreed that Dred Scott should remain a slave, but Taney did not stop there. He also ruled that as a slave, Dred Scott was not a citizen of the United States, and therefore had no right to bring suit in the federal courts on any matter. In addition, he declared that Scott had never been free, due to the fact that slaves were personal property; thus the Missouri Compromise of 1820 was unconstitutional, and the Federal Government had no right to prohibit slavery in the new territories. The court appeared to be sanctioning slavery under the terms of the Constitution itself, and saying that slavery could not be outlawed or restricted within the United States. The American public reacted very strongly to the Dred Scott Decision. Antislavery groups feared that slavery would spread unchecked. The new Republican Party, founded in 1854 to prohibit the spread of slavery, renewed their fight to gain control of the Congress and the courts. Their well-planned political campaign of 1860, coupled with divisive issues which split the Democratic Party, led to the election of Abraham Lincoln as President of the United States and South Carolina's secession from the Union. The Dred Scott Decision moved the country to the brink of Civil War. Ironically, Irene Emerson was remarried in 1850 to Calvin C. Chaffee, a northern congressman opposed to slavery. After the Supreme Court decision, Mrs. Chaffee turned Dred and Harriet Scott and their two daughters over to Dred's old friends, the Blows, who gave the Scotts their freedom in May 1857. On September 17, 1858, Dred Scott died of tuberculosis and was buried in St. Louis. His grave was moved in the 1860s to Calvary Cemetery in northern St. Louis, and marked due to the efforts of the Rev. Edward Dowling in 1957. Dred Scott did not live to see the fratricidal war touched off at Fort Sumter in 1861, but did live to gain his freedom. The ultimate result of the war, the end of slavery throughout the United States, was not something Dred Scott could have foreseen in 1846, when he decided to sue for his freedom in St. Louis' Old Courthouse. |
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Source:
National Park Service
Federal Citizen
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