Tuesday, January 30, 2007

 

Remembering Dred Scott


One of the most important cases ever tried in the United States was first heard in St. Louis’ Old Courthouse, and this year marks the 150th anniversary of the historic case’s Supreme Court decision. Dred Scott v. Sanford was a monumental ruling that divided the country on the issue of slavery and the resulting verdict is considered the flash point that sparked the country into the Civil War.

Dred Scott was born to slaves in Virginia around 1799 and was the property of the Peter Blow family. He had spent his entire life as a slave, and moved to St. Louis with the Blows in 1830. Blow soon ran into financial difficulties and eventually sold Scott to Dr. John Emerson, a military surgeon.

Scott traveled with Emerson to various posts throughout Illinois and the Wisconsin Territory, areas that prohibited slavery as a result of the Missouri Compromise of 1820. During this time, Scott married fellow slave Harriet Robinson, and the couple had two children, Eliza and Lizzie.

Dr. Emerson married Irene Sanford and the Scotts and the Emersons returned to St. Louis in 1842. John Emerson died the following year, and it is believed that Mrs. Emerson began hiring out the Scotts to work for other families. In April of 1846, the Scotts filed suit against Irene Emerson, arguing that Dred had lived in free territories for more than nine years and, therefore, should be declared a free man. Past decisions by the Missouri courts had supported the doctrine of “once free, always free.” Because Scott could not read or write and had no money, he needed help with his suit and the Blows, his original owners, helped him finance his case.

The first trial ended in defeat, as the court ruled that hearsay evidence was presented. The judge granted the right to a second trial, and in 1850 a jury decided in favor of the Scotts and declared that they should be free. Two years later, Irene Emerson appealed her case to the Missouri State Supreme Court, which reversed the previous decision ruling that “times now are not as they were when the previous decisions on this subject were made.” The court stated that Missouri law allowed slavery and it would uphold the rights of Missouri slave-owners.

In 1854, Scott returned to court with a new team of lawyers, including Roswell Field, and they filed suit against John F.A. Sanford in St. Louis Federal Court. Sanford was Irene Emerson’s brother and the executor of the Emerson estate. Because Sanford lived in New York, the case was held in Federal court due to diversity of residence. The suit was heard in St. Louis at the Papin Building, and the verdict was returned in favor of Sanford.

Scott and his lawyers then appealed to the U.S. Supreme Court and the opinion handed down in March 1857, read that seven of the nine justices agreed that Scott should remain a slave. The court also ruled that as a slave, Scott was not a citizen of the United States, and that he had never been free, due to the fact that slaves were personal property.

After the Supreme Court decision, Irene Emerson re-married and eventually turned the entire Scott family back over to the Blow family, who then gave the Scotts their freedom in May 1857. Dred Scott died of tuberculosis in September of 1858 and was buried in St. Louis’ Calvary Cemetery.

Beginning in March 2007, a number of St. Louis-area attractions and historic sites will commemorate the monumental decision made by the United States Supreme Court in 1857. The Jefferson National Expansion Memorial, which includes the Old Courthouse, Gateway Arch, and Museum of Westward Expansion, has planned a slate of activities to commemorate the historic court decision. For more information on special events, log onto the St. Louis CVC Calendar of Events section.

Dred Scott Weekend, March 2 through 6, 2007, will feature the opening of a special Dred Scott exhibit, performances by local school groups, choirs, keynote speakers, historic re-enactors, mock trials, and presentations on related historic sites, attractions and preservation efforts.



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