Case Background


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Scott's beginnings were quite humble. Born somewhere in Virginia, he moved to St. Louis, Missouri, with his owners in 1830 and was sold to Dr. John Emerson sometime between 1831 and 1833. Emerson, as an Army doctor, was a frequent traveler, so between his sale to Emerson and Emerson's death in late 1843, Scott lived for extended periods of time in Fort Armstrong, Illinois, Fort Snelling, Wisconsin Territory, Fort Jessup, Louisiana, and in St. Louis. During his travels, Scott lived for a total of seven years in areas closed to slavery; Illinois was a free state and the Missouri Compromise of 1820 had closed the Wisconsin Territory to slavery. When Scott's decade-long fight for freedom began on April 6, 1846, he lived in St. Louis and was the property of Emerson's wife.

The famous Scott v. Sandford case, like its plaintiff, had relatively insignificant origins. Scott filed a declaration on April 6, 1846, stating that on April 4, Mrs. Emerson had "beat, bruised, and ill-treated him" before imprisoning him for twelve hours. [3] Scott also declared that he was free by virtue of his residence at Fort Armstrong and Fort Snelling. He had strong legal backing for this declaration; the Supreme Court of Missouri had freed many slaves who had traveled with their masters in free states. In the Missouri Supreme Court's 1836 Rachel v. Walker ruling, it decided that Rachel, a slave taken to Fort Snelling and to Prairie du Chien in Illinois, was free. Despite these precedents, Mrs. Emerson won the first Scott v. Emerson trial by slipping through a technical loophole; Scott took the second trial by closing the loophole. In 1850, the case reached the Missouri Supreme Court, the same court that had freed Rachel just fourteen years earlier. Unfortunately for Scott, the intervening fourteen years had been important ones in terms of sectional conflict. The precedents in his favor were the work of "liberal-minded judges who were predisposed to favor freedom and whose opinions seemed to reflect the older view of enlightened southerners that slavery was, at best, a necessary evil." [4] By the early 1850's, however, sectional conflict had arisen again and uglier than ever, and most Missourians did not encourage the freeing of slaves. Even judicially Scott was at a disadvantage; the United States Supreme Court's Strader v. Graham decision (1851) set some precedents that were unfavorable to Scott, and two of the three justices who made the final decision in Scott's appearance before the Missouri Supreme Court were proslavery. As would be expected, they ruled against Scott in 1852, with the third judge dissenting. Scott's next step was to take his case out of the state judicial system and into the federal judicial system by bringing it to the U.S. Circuit Court for the District of Missouri.


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Copyright © 1995 Lisa Cozzens (lisa@www.watson.org ). Please read this before you email me!
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Last modified: Mon Jun 22, 1998