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Dred Scott vs. the Law

By Parke Pierson 
Published Online: April 29, 2010 
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He signed documents with an "X" and left no known recorded quotes or memoir of his experiences.

Yet because of his determination to be free, we know his name: Dred Scott, the intrepid slave who battled an unjust system through a Supreme Court case that shook the United States to its core.

Dred Scott. Library of Congress.
Dred Scott. Library of Congress.

Before embarking on the series of court cases that argued for his freedom, Scott's life was the rootless existence typical of many slaves. Born around 1799 in Virginia, he moved with his owner Peter Blow to Alabama and eventually to St. Louis, where he was sold to U.S. Army Dr. John Emerson in the early 1830s.

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Like many antebellum officers, Emerson was transferred from post to post through Western states and territories. During those journeys, Scott married a slave woman named Harriet Robinson in 1836. When Emerson died in 1843, Scott, by then the father of two children, likely hoped the doctor's will would manumit him—and his family—but it did not. Scott then offered Emerson's brother-in-law and executor, J.A. Sanford, $300 hoping to buy his own freedom. But the offer was turned down. Scott decided to take the matter to the courts.

By 1846, Scott was living in St. Louis in service to Emerson's widow. He filed suit with the state of Missouri, claiming that since he had lived with Emerson in Illinois—where slavery was outlawed by the 1787 Northwest Ordinance—and Fort Snelling in Minnesota—where the Missouri Compromise outlawed slavery in 1820—he was entitled to his freedom. In an interesting twist, the children of Peter Blow, Scott's first owner, provided the slave family financial assistance.

Scott actually triumphed when the suit was decided in 1850, but Mrs. Emerson
appealed, and the Missouri Supreme Court overturned the ruling. Undaunted, Scott, aided now by a team of sympathetic lawyers, took his case to the highest court in the land, which heard it in 1856. Montgomery Blair, a Maryland lawyer who later served as Abraham Lincoln's postmaster general, argued Scott's case.

In a 7-2 decision, the judges ruled on March 6, 1857, that Scott was to remain a slave—that he was a piece of property like any other purchased by his owner, who had a right to take Scott wherever he wanted. Chief Justice Roger B. Taney delivered the opinion, and further expounded that slaves were not citizens and had no right to bring suits in the court system. Scott's 11-year-long fight for freedom had failed.

The decision succeeded in fostering political turmoil. Northerners, even those not morally opposed to slavery, worried the ruling would allow slavery anywhere in the country, rendering null and void any previous compromises on the matter. Republicans, committed to a platform of "Free Soil, Free Labor and Free Men," got a boost from the decision as thousands of concerned men rushed to join the party.

Dred Scott was sold back to the Blow family, who set him free in May 1857. He had little more than a year to enjoy his liberty before he died from disease in September 1858. Today, the Dred Scott Heritage Foundation in Florissant, Mo., preserves the legacy of the man who rose from the anonymity of slavery to challenge federal law.


12 Responses to “Dred Scott vs. the Law”


  1. 1
    Hayley F. says:

    It is very impressive that a slave was able to have the strength and courage to fight against majority of society for what he knew was right. He didn’t let what everyone else said stop him despite being put down for eleven years. Even when he lost a court case which established that African Americans were not to be protected by the Constitution because they were not citizens, he continued to fight for his rights. He knew he was being ill-treated and he did something about it which resulted in benefitting not only him but many slaves then and African Americans in the future. This goes to show how having the determination of never giving up will eventually lead to a positive outcome.

  2. 2
    Brooke B says:

    I agree with you Hayley. Dred Scott was incredibly courageous to lash out against half of the country. I wish he could have enjoyed his freedom for longer than a year though. He deserved a lifetime of freedom. But because of his case, he was able to expose America’s unjust mind set and to shake the foundation of law. At least, in the original case, he was able to win, which showed progress in civil/social thinking. His determination is truly inspiring to those who are willing to fight for what they believe in. Hopefully, people today realize that the government made a huge mistake deciding on the appeal of the original case and should not have gotten caught up in the technicality of “property.” People should avoid overlooking justice due to distracting technicalities.

  3. 3
    Susan says:

    I agree! It is very remarkable and brave of Dred Scott to go to court and push for his freedom. Scott could not buy his freedom from Sanford so he decided to take it to court and hope that he could get somewhere there. Although Scott was turned down many times, he kept on trying and pushing to take it to higher courts. It was ruled that Dred Scott would remain a slave and that he had no right to take matters to the court system. This made Northerners believe that slavery would never be banned in the country. Although, Dred Scott did get freed by a family he was sold to. Scott went through so much to just gain his freedom which is something that we take for granted each day. He is known as one of the famous African Americans that had the courage to challenge the federal law.

  4. 4
    Megan C says:

    Dred Scott was a man of great courage. He is to be greatly looked up at. First he was born a slave, he was used to it, but that did not stop him. Scott fought for what he knew was right, and that was that slaves were not just another piece of property, they are people too and they should not have to be “owned” by somebody just because of what they looked like. It is inspiring to see such a normal person fight for what they believe in no matter what trials they face, or what other people say in contradicting what they believe in. However, it is a shame that he was not able to enjoy his freedom longer than he did, but at least he was able to experience that joy.

  5. 5
    Felicia D says:

    Dred Scott was a very courageous man who ultimately deserves to be recognized for his actions. It is truly amazing to see one man, trapped by slavery, fight against the system for his and his family’s freedom. If it weren’t for Emerson’s wife appealing, he would’ve gotten the freedom that he deserved. It just goes to show the heartlessness that some people had towards African Americans. It’s completely wrong for people to see African Americans as “property.” It’s hard to believe that Americans once shared that opinion. Thanks to Mr. Scott, and other influential abolitionists, the citizens of America were finally able to see the importance of “all men are created equal.” It’s so sad that Scott didn’t get to experience his freedom for very long when he finally got it. But if it weren’t for his fight for freedom, it’s very likely that he may not have gotten his freedom at all, and then future generations wouldn’t have ever heard his amazing story.

  6. 6
    Taylor S says:

    I agree with all of you. It’s amazing that one man, one slave would fight and stand up for his freedom. Dred Scott knew he had to fight for the freedom of not only himself but all African Americans. Although he at first was not successful he still fought and fought with determination. Most slaves would most likely not want to be in the public eye over a court case fighting for freedom. They would probably be punished by their “owner” if they came even remotely close to a court case. In the end ever thing worked out for him because he was “bought” then released by his “owners”. Come to show that when you push and push toward what you believe in, although it may seem unsuccessful it really can be.

  7. 7
    Zelda T. says:

    Dred Scott is a man of great courage, even though he was a slave that did not prevent him from fighting for his rights. He was extremely brave to take on a nation that thrived on slavery and the mistreatment of slaves. It is quite sad though that he fought so hard and for so long and he was only able to enjoy one year of true freedom. His case shook the foundation of the American legal system and showed how unjust it could be. It’s surprising that he managed to win the first considering the fact that he was a slave and the people of the time did not think highly of slaves. It shows that those who were hearing over the case had an open mind and put racial issues aside. I really hope that people see and understand how unfair and unjust the decision of this case was and that sometimes the specifics of a law do not apply.

  8. 8
    W. Smith says:

    As lovely as Dred Scott is and the upbeat posts everyone is posting, I'm still focused on the fact how everyone was too corrupt and too scared to honestly change their ways. The South became used to a steady comfortable source for income and saw no need to change. As "morally just" as the North was, many relied too heavily on the materials produced in the South by slaves and even if they would deny they supported the South secretly they would be agreeing. What is appauling is how one can view another human being as property? The whole case revolves around a human being's right, not some animal, not a toy to be played with, and not an "object" to be taken lightly. A shame it took so long to actually make an impact on society, but every little bit helps and everyday heroes often go unheard, at least the ones worthwhile.

    • 8.1
      N.Ali says:

      Hey. I agree with all of you. Dred Scott was a very brave man. He fought for himself and his race. He knew he had an unfair advantage but he still tried. I also agree with Brooke and Maddie bbecause all his hard really should have paid off for more than a year. I know for sure that his perservannce and courage did cause slavery to die off in some places. Because some places still have slavery. So be careful where we go,right! Goodbye! Oh and I just want to ask if W. Smith is Will Smith or Willow Smith. Please anwer back. Thanks!

  9. 9
    Kendall says:

    This man was immensely courageous. I find it amazing that this man had the audacity to take a stand and it is a shame that things haven’t always been seen the same as they are today. It amazes me that even though he technically won the first time around, that they were allowed to overturn that in the higher court. It is disheartening to hear that after all of his fight, and all that other people put into this case to see that justice got served, his eleven years ended up with someone referring to him as his masters property and an unjust ruling. On top of that, when he was finally grated his freedom, he passed. This is the type of thing that we take for granted nowadays. Thanks to our Constitution and Bill of Rights we are no longer allowed to be treated as land, and people like Dred Scott helped to get that started.

  10. 10

    Read this comment carefully – it's not on topic it's just a little something to give you a smile and say thanks for your hard work on this blog!

    You don’t learn anything the second time a mule kicks you. :)

  11. 11
    Maddie says:

    Ok. I pretty much agree with everyone in saying that Dred Scott had a very large amount of courage to stand against such a common practice in the United States at that time. Most of the society during that time agreed with slavery. However, no one would have guessed that a slave would have stood against this practice. Like Brooke said, I wish Dred Scott could have had more freedom than just a year. All of that time and effort should have paid off a little more, in my opinion. Nevertheless, he made a difference for the future, and even though he only got to reap the benefits for a year, his courage and perseverance caused slavery to die off. Without Dred Scott, who knows what affect slavery would have on the world today.



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