Dred Scott (1799 – September 17, 1858), was an African-American
slave in the United States who sued unsuccessfully for his freedom
in the Dred Scott v. Sandford case of 1857. His case was based on
the fact that although he and his wife Harriet Scott were slaves,
he had lived with his master Dr. John Emerson in states and territories
where slavery was illegal according to both state laws and the Northwest
Ordinance of 1787, including Illinois and Minnesota (which was then
part of the Wisconsin Territory). The United States Supreme Court
ruled seven to two against Scott, finding that neither he, nor any
person of African ancestry, could claim citizenship in the United
States, and therefore Scott could not bring suit in federal court
under diversity of citizenship rules. Moreover, Scott's temporary
residence outside Missouri did not bring about his emancipation under
the Missouri Compromise, since that would improperly deprive Scott's
owner of his legal property.
The case raised the issue of a slave who had lived in a free state.
Congress had not asserted whether slaves were free if they set
foot upon free soil. The ruling overturned the Missouri Compromise
since by the court's logic, any attempt at regulating slavery in
the federal Territories deprived a slave owner of his property
without due process. This enraged the abolitionist Republicans
and further exacerbated sectional sentiments that led to the Civil
War.
Scott had traveled with his master Dr. John Emerson, who was in
the US Army and often transferred. Scott's extended stay with his
master in Illinois, a free state, gave him the legal standing 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. But 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 fearful of possible repercussions.
After two years, the army transferred Emerson to territory where
slavery was legal: first to St. Louis, Missouri, then to Louisiana.
In just over a year, the recently married Emerson summoned his
slave couple. Instead of staying in the free territory of Wisconsin
(now Minnesota), or going to the free state of Illinois, the two
traveled nearly 1,250 miles (2000 km)[citation needed], apparently
unaccompanied, down the Mississippi River to meet their master.
Only after Emerson's death in 1843, when Emerson's widow hired
out Scott to an army captain, did Scott seek freedom for himself
and his wife. First he offered to buy his freedom from Emerson's
widow, Irene Emerson—then living in St. Louis—for US$300,
about $7,000 in current value. After she refused his request, Scott
sought freedom in the St. Louis Circuit Court.
Life
Dred Scott was born into slavery in Southampton County, Virginia,
in the late 1790s as property of the Peter Blow family. It appears
that Scott was originally named Sam and had an older brother named
Dred. However, when the brother died as a young man, Scott chose
to use his brother's name. The Blow family settled near Huntsville,
Alabama, where they unsuccessfully tried farming.
In 1830 the Blow family took Scott with them when they relocated
to St. Louis, Missouri. They sold him to John Emerson, a doctor
serving in the United States Army.
Marriage and family
In 1836 Dred Scott met a teen-aged girl named Harriet Robinson.
Her master was Major Lawrence Taliaferro, an army officer from
Virginia, who allowed them to marry and transferred his ownership
of Harriet to Dr. Emerson so the couple could be together. Two
years later, Harriet gave birth to their first child, Eliza. In
1840, their daughter Lizzie was born. Scott and his wife would
also have two sons, but both died in infancy.
Dr. Emerson had met and married Irene Sanford[1], and the Emersons
and Scotts returned to Missouri in 1842. When Dr. Emerson died
the following year, his widow took over the estate. Scott offered
to purchase his freedom from the widow Emerson, but she refused
his request.
Dred Scott case
In 1846, having failed to obtain his freedom, Scott filed suit
with the help of a local lawyer. The case was tried in 1847 in
the federal-state courthouse in St. Louis. The judgment went against
Scott, but the presiding judge granted a second trial as hearsay
evidence had been introduced.
In 1850, a Missouri jury decided that Scott and his wife should
be freed because of their former residence in Illinois and Wisconsin.
The widowed 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." The disheartened Scotts were returned to their
master's wife.
The widow Irene Emerson married Dr. Calvin C. Caffee, who was
affiliated with anti-slavery and Knownothing supporters. Under
Missouri law at the time, the powers of the Emerson estate transferred
to her 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." [2]
With the aid of new lawyers (including Montgomery Blair), the
Scotts sued in the federal court. After losing the first round,
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 total could be counted in
their population account. Contrary to popular belief, they were
not counted as 3/5ths of a person. In reality, they were not counted
as people at all, but rather as property. There were free blacks
in several of the thirteen states when the document was written.
Their number increased dramatically in the Upper South after the
Revolution as numerous slaveholders manumitted their slaves.)
* 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.[3]
In effect, the Court had ruled that African-American slaves had
no claim to freedom. Since they were not citizens, they had no
standing to bring suit in a federal court. Since slaves were private
property, the federal government could not revoke a slave owner's
rights based on where he lived, thus nullifying the essence of
the Missouri Compromise, which divided territories into jurisdictions
either free or slave. Speaking for the majority, Taney ruled that
since Scott was considered private property, he was subject to
the Fifth Amendment to the United States Constitution, which prohibits
taking property from its owner "without due process".
The decision heightened tensions between the North and the South,
causing outrage among abolitionists, slaves and their sympathizers.
Gravesite
Following the decision, Scott and his family were returned as
property 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 severely criticized for being married to a slaveholder. He
persuaded his wife Irene to return Scott to his original owners,
the Blow family. By this time, they had become opponents of slavery,
and as Missouri residents, they could emancipate him and his wife.
Dred Scott and his wife were formally freed by Henry Taylor Blow
on May 26, 1857, less than three months after the Supreme Court
decision. Scott worked as a porter in St. Louis for about 17 months
before he died from tuberculosis in September 1858. He was survived
by his wife Harriet, and his daughters Eliza and Lizzie Scott.
Scott was interred in Calvary Cemetery, St. Louis, Missouri. A
local tradition later developed of placing Lincoln pennies on top
of Scott's gravestone for good luck.[4]
Harriet Scott was long thought to be buried near her husband,
but it was recently proven that she was buried in Greenwood Cemetery
in Hillsdale, Missouri. She outlived her husband by 18 years, dying
on June 17, 1876.
Legacy
In 1997, Dred and Harriet Scott were inducted into the St.
Louis Walk of Fame.
Their daughter Eliza Scott married and had two sons. Lizzie never
married, but following her sister's early death, she helped raise
her nephews. One of Eliza's sons died young, but the other married
and has descendants. Some descendants of them live in St. Louis
to this day.