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Quick Reference
Tbe Issue: Dred Scott, a sLave, moved with his owner from a slave state to a
free state and then back to a slave state. He sued his owner for his freedom on
the grounds that he should have been freed when living in the free state.
Tbe Players:
Dred Scott-Slave who sued for his freedom.
Roger B. Taney-supreme CourtJustice writing the majoriry opinion. Avid
statet rights advocate and supporter ofslavery.
Dr. and Mrs. Emerson-scotts masters who failed to grant Scott's freedom
in Wisconsin, a free state, and denied his freedom uPon return to Missouri,
a slave state.
Tlte Ruling: Because Scott was Black, and therefore not a citizen, he had no
standing to sue in court. The court also ruled that the Missouri Compromise
was unconstitutional.
Significance: The ruling outraged northern abolitionists and helped to deeply
divide the country regarding racial issues. Furthermore, the ruling on the
Missouri Compromise set the stage for the violence that occurred in Kansas,
sometimes referredto as"Bleeding Kansasi'Both of these efFects sped up the
arrivaLof the Civil War.
27
Bockground
pivotal case in our nation's history Some historians consider the incredible ruling (that people of African
descent were not citizens and thus could not sue in court) the event that
virtually guaranteed that the nation would split into factions and that ultimately led to the Civil War. Today, the ruling is considered so indefensible
that it seems shocking to us that the Supreme Court could ever make it.
Beyond helping to start the Civil War, it also set solidly into law the notion
fiat Blacks were an inferior class. The issue was only setded aftet a bloody
civil war, three amendments to the Constitution, and a century of civil rights
protests, legislation, and judicial rulings.
Dred
28
Scott v. SandJord is arguably the most
SUPREME COURT DECISIONS
SscrroN r
Fnnsoovr's Surt
"You're tellin me I'm
a free man/'
Daniel asked softly."We're free?"
He pulled his new bride Nell closer to
him, his arm around her waist. William,
his newest ftiend, only nodded. Daniel's
face lit up, cracking into a hundred lqath-
ery wrinkles as he grinned broadly-a
sight Nell had seldom seen.
"But, be carcfull' William warned,
iemember where you are- You may supposed to be free, but you aiityeti'
Daniel's face fell back to its normal stoic expression when he realized his
friend was right.I/he was really afree man, he was still in Missouri and the
law didnt do much to protect a Black man,
That night, Daniel and Nell Johnson discussed the possibilities that lay
before them. They were too smart to allow themselves much excitement, but
the prospect of freedom gave Daniel a sense of pride he'd never before felt,
"'We got to talk toMizPerry)'Daniel said.
Nell disagreed."Why dont we just go if wdre already free?"
"If wejust go we'll be chased down like dogs," Daniel said."Then thatt it
for usl'
Nell nodded her head solemnly,"You should talk to her tomorrowl'
The next morning Daniel approached Beatrice Perry, widow of a U.S.
Army Colonel. Daniel stood holding his hat in his gnarled hands and looked
at his feet as he spoke."MizPeny,Ive been with you and ColonelPerry,
before he died, going on 30 years now.. i'
Beatrice P e,.ty nodded patiently."Yes, Danieli'
"I went with the colonel to Illinois and I went with him to Wisconsin and
allthar time I served him welll'
"Yes, you've been a good servanti'Her Patience was wearing thin.
"Well, MizPerry,I didnt know it at the time but when I went with the
colonel up north, they dont allow no slaves up there. I'm supposed to be a
freerr.an!'
Beattice Perryt voice turned to ironr"But, you're not uP north anymore,
Daniel, you're in Missouri- Now, go back to worki'
"ButMizPety,the law says I'm freei'
The widow started to turn away when Daniel tried one more thing.
"MizPeny,how much would I fetch on the block?"
Su1treme Court Decisions @
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29
"I dont know Daniel)' she said dismissively."I'm not a slave
"MizPerry,Nell and I saved $llZ.I'11give it all to youi'
traderl'
1
i
i
BeatricePerry looked at Daniel for a moment, then replied,"Go back to
work, Daniel. You're not for salel'
Daniel thought about running away, but his mind kept coming back to
the law. I shouldnt have to run, he thought. How can the law say I m &ee, but
yet I'm still a slavei His only course of action now, he figured, was to use the
law against his master and file a suit to gain his freedom.
Discussion Questions
L.
What is the major question to be settled in this
case?
2.What are the facts relevant to the casel
3. The stofy suggests that the state of Missouri wouldnt Protect a Legally
freed slave. How could this happeni
4. You be the judger
5.
How would you rule in this casei Whyl
How do you think the Supreme Court ruledi
1
30
Suprcme Court Decisions @ Prufrock Press
. This page may
be photocopied
or reproduced with permission for classroom use
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SscrroN
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Dnro Scorr
Trrs Acruer. Cesr
rz.
ServoFoRD (tgsz)
Dred Scott was a slave who had been taken to the free states of Illinois
and Wisconsin by his master, army surgeon Dr. John Emerson. Scott married and lived in Wisconsin until Dr. Emerson was moved to Missouri, a
slave state. Scott and his wife moved to Missouri with Emerson upon his
summons,It wasn't until Emerson died and his widow assigned Scott to an
army captain that Scott sued for his freedom.
In 1850, the St. Louis State Circuit Court ruled that Scott was free.
However, the Missouri Supreme Court overturned this decision. Scott took
his case to afederd,court, which upheld the decision of the Missouri Supreme
Court. Finally, with no other alternative, Scott appealed his case to the U.S.
Supreme Court (PBS Onlino 1998).
Trrs Rur,rNc
The ruling was handed down in L857 , and the majority opinion was written by ChiefJustice Roger B.Taney, a strong supporter of slavery. The ruling
stated that because Dred Scott was Black, he was not a citizen and therefore
had no standing to sue anyone. The ruling also declared the Compromise of
1820 (known as the Missouri Compromise) unconstitutional, The Missouri
Compromise had established that for every slave state that was admitted to
the Union, afree state also must be admitted. This created a balance of power
between pro- and antislavery forces and held offarmed conflict berween the
two groups for many years. When the Supreme Court struck it down, it
removed one of the major obstacles that prevented a civil war (HistoryPlace,
Lee6).
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3L
Trrs ArrunuATH
This ruling was highly favored, by slave states and slave owners, but
Northern states and abolitionists were outraged. The decision has been
considered a calamity ofjustice and helped drive the wedge deeper into the
fracdred nadon, ultimately leading it closer to civil war. Dred Scott and his
family wercIater purchased by aformer master's children and set free.
Merrxc Ir CunnsNr
The ruling in the case of Dred Scott was based on a belief in racial suPeriority.What strides has the United States made in acceptingthe racial divep
sity of people here and abroadl
32
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page mey be photocopied
or reproduced with permission for classroom use