Dred Scott v. Sanford

Case Overview

CITATION

60 U.S. 393 (1857)

ARGUED ON

Feb. 11-14, 1856

DECIDED ON

REARGUED ON

DECIDED BY

OVERTURNED BY

Dec. 15-18, 1857

Mar. 6, 1857

Legal Issue

Was Dred Scott a citizen of the United States with standing to sue in federal court?

Holding

No, Scott did not have standing to sue in federal court because he was not a citizen of the United States.

A newspaper article written about Dred Scott and his family in 1857 | Credit: The Library of Congress

Background

Dred Scott was born into slavery in Virginia around 1899. In 1818, Scott moved with his owner, Peter Blow, to a farm in Alabama. In 1830, Blow gave up farming and settled in Missouri. Scott was then sold to U.S. Army surgeon Dr. John Emerson, who lived in Illinois, a free state. In 1836, Emerson moved to the Wisconsin Territory, which also prohibited slavery. A year later, Emerson was sent orders to go back to his military post in Missouri. Emerson returned to Missouri, but he left Scott and his enslaved family behind and leased their services out for a profit. Emerson returned in 1838 and moved his entire family back to Missouri two years later.

In 1843, Emerson died and left his estate to his wife, Irene. Three years later, Scott first sued for his freedom on the grounds that he and his family had lived in territories where slavery was prohibited. Scott originally sued for his freedom in the Missouri state court in 1846, arguing that his residence in free territories should have made him free under the laws of those territories. The Missouri court initially denied his claim, and after a series of trials and appeals, the Missouri Supreme Court decided against him in 1852, meaning that Scott and his family remained enslaved. Scott then brought his case to federal court, which also ruled against him, adhering to Missouri law as the basis for its decision. Scott's final appeal led him to the U.S. Supreme Court.

7 - 2 decision for Sanford

Dred Scott

Sanford

Taney

Daniel

Catron

Nelson

Grier

McLean

Campbell

Curtis

Wayne

“We think the Dred Scott decision is erroneous. We know the court that made it, has often over-ruled its own decisions, and we shall do what we can to have it to overrule this.”

— President Abraham Lincoln on June 26, 1857

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