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Chapy's Corner

The Dred Scott Case: 150 Years Later

Eric Anthony Joseph

Issue date: 3/28/07 Section: Opinion
My dear Langstonites, this 193rd edition of Chapy's Corner will examine where we were as a society exactly 150 years ago after the devastating and infamous ruling of the Dred Scott vs. Sandford [Sanford] Case in March of 1857. Now many of you may not know what precedent this case set, however, if I was to explain its effect upon those people of Afrikan descent living in America you would vividly remember the visual aftermaths of this Jim Crow ruling throughout history.

The Dred Scott case was an 1857 ruling by the Supreme Court of the United States that, simply stated, "made slavery legal" in all U.S. territories.

Born around 1800, Scott migrated westward with his master, Peter Blow. They traveled from Scott's home state of Virginia to Alabama and then, in 1830, to St. Louis, Mo. Two years later Peter Blow died and Scott was subsequently bought by army surgeon, Dr. John Emerson. His new master, who had taken him from a slave state (Missouri), later took him to a free state (Illinois) and to a free territory (Wisconsin), then took him back to Missouri. While in Wisconsin, Scott met and married Harriet Robinson, a slave owned by a local justice of the peace. Ownership of Harriet was transferred to Emerson.

Scott's extended stay in Illinois, a free state, gave him the legal standing to make a claim for freedom, as did his extended stay in Wisconsin, where slavery was also prohibited. It was only after Emerson's death in 1843 that he sought to buy his freedom from Emerson's wife-who was then living in St. Louis-for $300. The offer was refused. Scott then sought freedom through the courts.

Scott first sued for his freedom in Missouri, claiming his residence in a free state and a free territory made him free. Scott went to trial in June of 1847, but lost on a technicality-he could not prove that he and Harriet were owned by Emerson's widow. The following year the Missouri Supreme Court decided that case should be retried.

In an 1850 retrial, the St. Louis circuit court ruled that Scott and his family were free. Two years later the Missouri Supreme Court stepped in again, reversing the decision of the lower court. Scott and his lawyers then brought his case to a federal court, the United States Circuit Court in Missouri. In 1854, the Circuit Court upheld the decision of the Missouri Supreme Court. There was now only one other place to go. Scott appealed his case to the United States Supreme Court.
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