Black History Treat: Dred Scott

An African American slave, Dred Scott was born around 1799 in Virginia. In 1832, an Army Major John Emerson, purchased Scott. Major Emerson took Scott to Illinois and to Wisconsin Territory while on assignment. However, Illinois was a free state and prohibited slavery in its constitution in 1819, the same year it was admitted as a state. Scott was allowed to marry, which was generally prohibited as slaves could not enter into any legal contracts.

After Emerson's death in 1843, his widow Eliza inherited his estate and Scott. Eliza Emerson continued to rent Scott out for hire. Scott attempted to purchase the freedom of his family and himself from Eliza, but she refused.

In 1846, with the help of abolitionist legal advisers, Scott sued Emerson for his freedom, on the basis that his presence and residence in free territories mandated his emancipation. The case was ultimately dismissed. In 1847, Scott was allowed a new trial. Emerson appealed to the Missouri Supreme Court, and because of setbacks, the trial did not begin until 1850. Scott and his wife Harriet now had two young daughters was found legally free by the jury. Now living in Massachusetts, Emerson appealed again and transferred advocacy of the cast to her brother John F. A. Sanford. The courts upheld Sanford's appeal.

Ultimately, the case fueled a political firestorm, all the way up to President-elect James Buchanan. The tug of war resulted in the "unconstitutional" decision on March 6, 1857 for Scott and his family to remain enslaved. Opponents of slavery were outraged.

On May 26, 1857, the son's of Peter Blow, Scott's first owner, purchased Scott and his family and set them free. Scott died of tuberculosis on November 7, 1858.