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Dred Scott:
The Slave Who Sued for
Freedom
1. Dred Scott used the ____________ __________ to get his freedom.
2. His story increased the conflict between _____________ and people who supported ________________.
3. Dred Scott's problem: ____________________________________________________________________________________
4. Understanding the story of Dred Scott may help explain the US _________________ _________________.
5. Dred Scott was born enslaved in the state of ______________ in 1799.The __________ family owned him. They moved a lot.
6. John Emerson, a ____________________, became Dred Scott's new master.
7. Dr. Emerson moved a lot, too. He moved with Dred Scott to __________ states and _________states.
8. In Minnesota, a free state, Dred Scott married Harriet. Dr. Emerson ______________ Harriet so the Scotts could stay together.
9. Explain 'hiring out.' ____________________________________________________________________________________
10. The Scotts had enough money to pay for a ______________. They lived there with their two _______________.
11. Dr. Emerson died and _____________ became Scott family's new owner. Dred Scott _____Mrs. Emerson for freedom in _____.
12. Why did Dred Scott sue Mrs. Emerson? _____________________________________________________________________
13. Before, __________ enslaved people sued for freedom. Dred Scott thought he would win.
14. There were __________ court trials. Some decisions supported Mrs. Emerson. Other decisions supported freedom for the Scotts.
15. In __________, the Supreme Court in Washington, D.C. listened to the Dred Scott story.
16. Judges on the Supreme Court are called _____________. The _______________ chooses Supreme Court Justices
17. There are ____ Supreme Court Justices. The ________ _______ is the leader. In 1856, _______ Justices supported slave owners.
18. Chief Justice __________________ said African Americans could never be citizens because they were "inferior."
19. Taney said Dred Scott did not have the _______ to sue. He also said the Constitution ____________ slavery.
20. What happened to the Scotts? __________________________________________________________________________
Who was Dred Scott?
Dred Scott was a man who was born a slave.
He used the courts to try gaining his freedom.
His case went to the Supreme Court.
When his case reached the U.S. Supreme Court, the conflict grew
between
When his case reached the U.S. Supreme Court, the conflict grew
between
Americans who were proslavery
v.
Americans who were abolitionists.
The Problem in the United States of America:
The Problem in the United States of America:
Laws Permitted Slavery
The Problem in the United States of America:
Laws Permitted Slavery
The Problem in the United States of America:
Laws Permitted Slavery
Laws Abolished Slavery
The Problem in the United States of America:
Laws Permitted Slavery
Laws Abolished Slavery
The Problem in the United States of America:
Laws Permitted Slavery
Laws Abolished Slavery
Dred Scott's question:
The Problem in the United States of America:
Laws Permitted Slavery
Laws Abolished Slavery
Dred Scott's question: What if enslaved people moved to free states?
Americans argued with each other about Dred Scott’s story.
His story helps explain how the Civil War started between northern states
and southern states.
United States
Supreme Court
United States
Courts of Appeals
United States
District Courts
State
Supreme Courts
State
Courts of Appeal
States
District Courts
Local Courts
Understanding Dred Scott’s story helps explain the US Court System.
Local and State Courts Federal Courts
Dred Scott was born a slave in Southampton County, Virginia
around 1799.
He was owned by Peter Blow and Elizabeth Taylor Blow.
Dred was friendly with their children.
This is a picture of Dred Scott when he was about 55 years old.
Dred Scott: born
in VA about 1799.
Dred Scott: born
in VA about 1799.
In 1818, when Dred Scott was a young man, he moved two
times with the Blows, their six children and other enslaved people.
First, they moved to a cotton plantation in Alabama.
Alabama
Alabama
In 1818, when Dred Scott was a young man, he moved two
times with the Blows, their six children and other enslaved people.
First, they moved to a cotton plantation in Alabama. The Blows
were not successful farmers.
In 1818, when Dred Scott was a young man, he moved two
times with the Blows, their six children and other enslaved people.
First, they moved to a cotton plantation in Alabama. The Blows
were not successful farmers. They moved to the big city of St.
Louis, Missouri to work in the hotel business.
St.
Louis,
Missouri
St.
Louis,
Missouri
St.
Louis,
Missouri
Scott continued to work for the Blows for twelve years.
Later, the Blow family sold Dred Scott to John Emerson, an army
doctor.
Dr. Emerson traveled a lot with the army. He lived in free states and
slave states:
Dr. Emerson traveled a lot with the army. He lived in free states and
slave states: Illinois,
Dr. Emerson traveled a lot with the army. He lived in free states and
slave states: Illinois, Iowa,
Dr. Emerson traveled a lot with the army. He lived in free states and
slave states: Illinois, Iowa, Minnesota,
Dr. Emerson traveled a lot with the army. He lived in free states and
slave states: Illinois, Iowa, Minnesota, Louisiana
Dr. Emerson traveled a lot with the army. He lived in free states and
slave states: Illinois, Iowa, Minnesota, Louisiana & Florida.
In 1836, Dr. Emerson worked at Fort Snelling in Minnesota.
Fort Snelling:
near St. Paul, Minnesota
Minnesota: Free State
Minnesota: Free State
Minnesota: Free State
At Fort Snelling, Dred Scott met a young enslaved woman, Harriet
Robinson. Harriet’s master permitted her to marry him.
Dr. Emerson paid for Harriet so the married couple could stay
together.
Harriet and Dred Scott, around 1858.
Dr. Emerson moved to Louisiana. There, Dr. Emerson married Irene
Sanford.
Dred and Harriet Scott stayed in Fort Snelling without their master.
They were “hired out.”
Dr. Emerson moved to Louisiana. There, Dr. Emerson married Irene
Sanford.
Dred and Harriet Scott stayed in Fort Snelling without their master.
They were “hired out.”
Hired out?
What does that mean?
Slaves who were hired out worked
for other bosses and earned money.
Slaves who were hired out worked
for other bosses and earned money.
Sometimes, hired slaves kept the
money.
Sometimes, hired slaves kept the
money.
Other times, masters kept the money.
Other times, masters kept the money.
Around 1843, the Emersons and the Scotts returned to St. Louis,
Missouri.
St.
Louis,
Missouri
St.
Louis,
Missouri
In St. Louis, Dred and Harriet Scott were hired out again. They
probably were able to keep some of their money because they had their
own house in St. Louis.
But they were still slaves.
Dred and Harriet Scott had four children. Two sons died when
they were babies.
Their two daughters were Eliza and Lizzie.
In 1843, Dr. Emerson died unexpectedly. He was only 40 years old.
Dred, Harriet, Eliza and Lizzy Scott became the property of Dr.
Emerson’s widow, Irene Emerson.
In 1846, Dred and Harriet Scott filed lawsuits against Irene Emerson.
http://www.sos.mo.gov/archives/resources/africanamerican/scott/images/8744-03.jpg
They filed their lawsuits in the Old Courthouse building of St. Louis.
Why did we sue our mistress?
Here are possible reasons why the Scotts sued for freedom:
1. Maybe they were tired of not keeping their hiring out money;
2. Maybe Mrs. Emerson was planning to sell the Scotts;
3. Maybe Mrs. Emerson refused when they offered to pay for freedom.
4. Maybe they wanted freedom for their daughters.
We lived many years in free states.
Why should we still live as slaves?
Courts in Missouri followed this law: “Once free, always free”.
We were not the first slaves to sue for freedom.
About 300 other slaves sued for freedom in
Missouri. About half were successful.
We thought we would win our case.
Local Courts
The Scotts sued at the local court level.
Local and State Courts
There were two trials.
There were two trials.
The Scotts lost the first trial in 1847.
There were two trials.
The Scotts lost the first trial in 1847.
In 1850, the court in the second trial decided the Scotts must be free.
This court also said Mrs. Emerson owed the Scotts money she earned
from hiring them out.
Mrs. Emerson appealed to the Missouri State Supreme Court.
Mrs. Emerson appealed* to the Missouri State Supreme Court.
*appeal = ask a higher court for a new trial
State
Supreme Courts
State
Courts of Appeal
United States
District Courts
Local Courts
Local and State Courts
The Missouri State Supreme Court held a third trial in 1852.
The State Supreme Court decided the Scotts must remain slaves.
The Missouri State Supreme Court held a third trial in 1852.
The State Supreme Court decided the Scotts must remain slaves.
St. Louis Lawyer Roswell Field
He worked 6 years in the courts to
free the Scott family.
In 1854, Irene Emerson moved east near her brother. She transferred
her ownership of Dred Scott to her brother, John Sanford from New
York State.
Because the case involved people from two different states, it
moved from Missouri State Court to U.S. Federal Court.
United States
Courts of Appeals
State
Supreme Courts
State
Courts of Appeal
United States
District Courts
Local Courts
The case moved from the Missouri state courts to the Federal courts.
Local and State Courts Federal Courts
So, we sued our new owner, Mr. Sanford, in our
fourth trial in Federal Court.
The Scotts lost their fourth trial.
The Federal Court decided that the Scotts were not citizens,
so they had no right to sue for freedom.
The Scotts lost their fourth trial.
The Federal Court decided that the Scotts were not citizens,
so they had no right to sue for freedom.
The Scotts lost their fourth trial.
The Federal Court decided that the Scotts were not citizens,
so they had no right to sue for freedom.
We appealed that decision in
our fifth trial in Federal Court.
United States
Supreme Court
United States
Courts of Appeals
State
Supreme Courts
State
Courts of Appeal
United States
District Courts
Local Courts
Local and State Courts Federal Courts
United States
Supreme Court
United States
Courts of Appeals
State
Supreme Courts
State
Courts of Appeal
United States
District Courts
Local Courts
Local and State Courts Federal Courts
Lawyer Montgomery Blair
In 1856, I went to the Supreme
Court in Washington, D.C., to
argue the case for the Scotts.
Lawyer Montgomery Blair
I used state laws and the U.S.
Constitution to convince the
nine Supreme Court Justices that
my arguments were correct.
Lawyer Montgomery Blair
Nine judges sit on the Supreme Court.
Nine judges sit on the Supreme Court.
The Judges are called ‘Justices.’
Nine judges sit on the Supreme Court.
The Judges are called ‘Justices.’
They are appointed by the President and approved by Congress.
Nine judges sit on the Supreme Court.
The Judges are called ‘Justices.’
They are appointed by the President and approved by Congress.
Supreme Court Justices’ terms are for life.
The
Chief Justice
sits here.
This is where the Supreme Curt meets today. This building was completed
in 1935.
During the time of Dred Scott, the court met inside the U.S. Capitol
building.
The U.S. Capitol building today.The U.S. Capitol in 1850.
Today’s Supreme Courtroom.
The
Chief Justice
sits here.
The interior of the Supreme Court in 1857.
The
Chief Justice
sat here.
1 2 3 4 5 6 7 8
9
Seven of the Supreme Court Justices supported the rights of slave owners.
Chief Justice Roger Taney
I was born in the southern state of Maryland.
We were a slave-holding family.
Our slaves worked on our large plantation.
Chief Justice Roger Taney
I had slaves, but I emancipated them.
Still, I believed slavery should be permitted.
In my opinion, Congress had no right to change
slave laws.
Chief Justice Roger Taney
In the Supreme Court, I argued
“freedom based on residence in a free
state was permanent.”
“A Negro of African descent could
be a citizen of the United States.”
On March 6, 1857, Dred and Harriet Scott finally received a decision
about their suit for freedom.
…the enslaved African race were not
intended to be included, and formed no part
of the people who framed and adopted the
Declaration of Independence . . ."
African Americans, free or slave, could not be
citizens of any state, that they were "of an
inferior order, and altogether unfit to associate
with the white race."
Chief Justice Taney ruled because of
Scott’s race, he was not a citizen of
the United States.
Scott had no right to sue his master.
Justice Taney said Dred Scott
was not free even if he lived in "free
states."
He also said Congress could not
prohibit slavery because he said it
was against the Fifth Amendment
of the Constitution.
Fifth Amendment: No person shall be
held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.
Fifth Amendment: No person shall be
held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.
Fifth Amendment: No person shall be
held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.
Fifth Amendment: No person shall be
held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.
Fifth Amendment: No person shall be
held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.
lose
Fifth Amendment: No person shall be
held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.
lose
Fifth Amendment: No person shall be
held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.
lose
http://shs.umsystem.edu/famousmissourians/leaders/dscott/dscotttaney.html
Fifth Amendment: No person shall be
deprived of life, liberty, or property,
without due process of law; nor shall
private property be taken for public
use, without just compensation.
The Supreme Court’s decision:
Enslaved people were not free.
The Supreme Court’s decision:
Enslaved people were not free.
According to the Supreme Court of 1857, Dred, Harriet, Eliza and Lizzie
Scott were to remain slaves.
Americans argued with each other about the Dred Scott decision.
“A slaveholder’s instead of a
freemen’s constitution?
Never!”
(New York Evening Post)
“Opposition to southern
opinion upon this subject
is now opposition to the
Constitution!”
(Augusta Constitutionalist)
Justice Benjamin Curtis was so angry with Chief Justice Taney’s opinion about
Dred Scott that he resigned from the Supreme Court.
1 2 3 4 5 6 7 8
9
Many American leaders hoped that the Dred Scott decision would end
the arguments about slavery.
It did not.
The Dred Scott decision was an event that helped start the four year Civil
War between North and South.
Slavery ended in 1865, after Congress ratified the 13th Amendment to the
United States Constitution:
Neither slavery nor involuntary
servitude, except as a punishment for
crime whereof the party shall have
been duly convicted, shall exist
within the United States
The Scott family did become free, but not because of the courts.
Mrs. Emerson married again.
Her new husband, Dr. Chaffee, was an abolitionist.
The Scott family did become free, but not because of the courts.
Mrs. Emerson married again.
Her new husband, Dr. Chaffee, was an abolitionist.
The Scott family did become free, but not because of the courts.
Mrs. Emerson married again.
Her new husband, Dr. Chaffee, was an abolitionist.
Dr. Chaffee was embarrassed to be involved in the Dred Scott
decision. He convinced his wife that the Scott family must be freed.
Peter Blow, the son of Dred Scott’s first owner, was an abolitionist, too.
Three months after the Supreme Court decision, Peter Blow paid money
to the Chaffees to free the Dred Scott and his family.
For the next year, Dred Scott worked at Barnum's Hotel in St. Louis.
Harriet earned money washing clothes.
Dred Scott became famous because he sued for freedom.
Sadly, Dred Scott became sick.
He died on September 17, 1858, just a little more than a year after
becoming free.
http://shs.umsystem.edu/famousmissourians/leaders/dscott/dscottobituary.html
Obituary for Dred Scott published in the St. Louis Evening News and Intelligencer, September 20, 1858
http://www.common-place.org/vol-08/no-03/arenson/
The genealogist Jesuit, Father Edward Dowling, rediscovered Scott's gravesite at
the 100th anniversary of the Dred Scott case. "We have in mind putting up only a
simple monument," he told the newspapers. "Then if someone some day wants to
put up a better monument it will at least be known where Dred Scott lies." Father
Dowling indicates Dred Scott's grave to John A. Madison, the Scotts' great-
grandson, and his family.
St. Louis Globe-Democrat, February 10, 1957. Courtesy of the St. Louis Globe-Democrat Archives of the St. Louis Mercantile Library at the
University of Missouri-St. Louis.
http://news.wustl.edu/news/Pages/8967.aspx
John A. Madison was Dred and Harriet Scott’s great-grandson.
He was graduated from law school and worked as a teacher.
Lynn Jackson is Dred and Harriet Scott’s great-great-granddaughter.
She is the leader of the Dred Scott Foundation.
http://www.thedredscottfoundation.org/dshf/index.php?option=com_content&view=article&id
=105&Itemid=80
The Dred Scott Foundation is
collecting money for building this
statue in the St. Louis Courthouse, to
remember where Dred and Harriet
Scott filed their lawsuit for freedom.
http://www.thedredscottfoundation.org/dshf/index.php?option=com_content&view=article&id=58&Itemid=70
http://www.nps.gov/jeff/parknews/images/finallogo.jpg

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Dred Scott --A Man Who Sued for Freedom

  • 1. Dred Scott: The Slave Who Sued for Freedom
  • 2. 1. Dred Scott used the ____________ __________ to get his freedom. 2. His story increased the conflict between _____________ and people who supported ________________. 3. Dred Scott's problem: ____________________________________________________________________________________ 4. Understanding the story of Dred Scott may help explain the US _________________ _________________. 5. Dred Scott was born enslaved in the state of ______________ in 1799.The __________ family owned him. They moved a lot. 6. John Emerson, a ____________________, became Dred Scott's new master. 7. Dr. Emerson moved a lot, too. He moved with Dred Scott to __________ states and _________states. 8. In Minnesota, a free state, Dred Scott married Harriet. Dr. Emerson ______________ Harriet so the Scotts could stay together. 9. Explain 'hiring out.' ____________________________________________________________________________________ 10. The Scotts had enough money to pay for a ______________. They lived there with their two _______________. 11. Dr. Emerson died and _____________ became Scott family's new owner. Dred Scott _____Mrs. Emerson for freedom in _____. 12. Why did Dred Scott sue Mrs. Emerson? _____________________________________________________________________ 13. Before, __________ enslaved people sued for freedom. Dred Scott thought he would win. 14. There were __________ court trials. Some decisions supported Mrs. Emerson. Other decisions supported freedom for the Scotts. 15. In __________, the Supreme Court in Washington, D.C. listened to the Dred Scott story. 16. Judges on the Supreme Court are called _____________. The _______________ chooses Supreme Court Justices 17. There are ____ Supreme Court Justices. The ________ _______ is the leader. In 1856, _______ Justices supported slave owners. 18. Chief Justice __________________ said African Americans could never be citizens because they were "inferior." 19. Taney said Dred Scott did not have the _______ to sue. He also said the Constitution ____________ slavery. 20. What happened to the Scotts? __________________________________________________________________________
  • 3. Who was Dred Scott? Dred Scott was a man who was born a slave. He used the courts to try gaining his freedom. His case went to the Supreme Court.
  • 4. When his case reached the U.S. Supreme Court, the conflict grew between
  • 5. When his case reached the U.S. Supreme Court, the conflict grew between Americans who were proslavery v. Americans who were abolitionists.
  • 6. The Problem in the United States of America:
  • 7. The Problem in the United States of America: Laws Permitted Slavery
  • 8. The Problem in the United States of America: Laws Permitted Slavery
  • 9. The Problem in the United States of America: Laws Permitted Slavery Laws Abolished Slavery
  • 10. The Problem in the United States of America: Laws Permitted Slavery Laws Abolished Slavery
  • 11. The Problem in the United States of America: Laws Permitted Slavery Laws Abolished Slavery Dred Scott's question:
  • 12. The Problem in the United States of America: Laws Permitted Slavery Laws Abolished Slavery Dred Scott's question: What if enslaved people moved to free states?
  • 13. Americans argued with each other about Dred Scott’s story. His story helps explain how the Civil War started between northern states and southern states.
  • 14. United States Supreme Court United States Courts of Appeals United States District Courts State Supreme Courts State Courts of Appeal States District Courts Local Courts Understanding Dred Scott’s story helps explain the US Court System. Local and State Courts Federal Courts
  • 15.
  • 16. Dred Scott was born a slave in Southampton County, Virginia around 1799. He was owned by Peter Blow and Elizabeth Taylor Blow. Dred was friendly with their children. This is a picture of Dred Scott when he was about 55 years old.
  • 17. Dred Scott: born in VA about 1799.
  • 18. Dred Scott: born in VA about 1799.
  • 19. In 1818, when Dred Scott was a young man, he moved two times with the Blows, their six children and other enslaved people. First, they moved to a cotton plantation in Alabama.
  • 22. In 1818, when Dred Scott was a young man, he moved two times with the Blows, their six children and other enslaved people. First, they moved to a cotton plantation in Alabama. The Blows were not successful farmers.
  • 23. In 1818, when Dred Scott was a young man, he moved two times with the Blows, their six children and other enslaved people. First, they moved to a cotton plantation in Alabama. The Blows were not successful farmers. They moved to the big city of St. Louis, Missouri to work in the hotel business.
  • 24.
  • 25.
  • 29. Scott continued to work for the Blows for twelve years. Later, the Blow family sold Dred Scott to John Emerson, an army doctor.
  • 30. Dr. Emerson traveled a lot with the army. He lived in free states and slave states:
  • 31. Dr. Emerson traveled a lot with the army. He lived in free states and slave states: Illinois,
  • 32. Dr. Emerson traveled a lot with the army. He lived in free states and slave states: Illinois, Iowa,
  • 33. Dr. Emerson traveled a lot with the army. He lived in free states and slave states: Illinois, Iowa, Minnesota,
  • 34. Dr. Emerson traveled a lot with the army. He lived in free states and slave states: Illinois, Iowa, Minnesota, Louisiana
  • 35. Dr. Emerson traveled a lot with the army. He lived in free states and slave states: Illinois, Iowa, Minnesota, Louisiana & Florida.
  • 36. In 1836, Dr. Emerson worked at Fort Snelling in Minnesota.
  • 37. Fort Snelling: near St. Paul, Minnesota
  • 41. At Fort Snelling, Dred Scott met a young enslaved woman, Harriet Robinson. Harriet’s master permitted her to marry him. Dr. Emerson paid for Harriet so the married couple could stay together. Harriet and Dred Scott, around 1858.
  • 42. Dr. Emerson moved to Louisiana. There, Dr. Emerson married Irene Sanford. Dred and Harriet Scott stayed in Fort Snelling without their master. They were “hired out.”
  • 43. Dr. Emerson moved to Louisiana. There, Dr. Emerson married Irene Sanford. Dred and Harriet Scott stayed in Fort Snelling without their master. They were “hired out.”
  • 44. Hired out? What does that mean?
  • 45. Slaves who were hired out worked for other bosses and earned money.
  • 46. Slaves who were hired out worked for other bosses and earned money.
  • 47. Sometimes, hired slaves kept the money.
  • 48. Sometimes, hired slaves kept the money.
  • 49. Other times, masters kept the money.
  • 50. Other times, masters kept the money.
  • 51. Around 1843, the Emersons and the Scotts returned to St. Louis, Missouri.
  • 54. In St. Louis, Dred and Harriet Scott were hired out again. They probably were able to keep some of their money because they had their own house in St. Louis. But they were still slaves.
  • 55. Dred and Harriet Scott had four children. Two sons died when they were babies. Their two daughters were Eliza and Lizzie.
  • 56. In 1843, Dr. Emerson died unexpectedly. He was only 40 years old. Dred, Harriet, Eliza and Lizzy Scott became the property of Dr. Emerson’s widow, Irene Emerson.
  • 57. In 1846, Dred and Harriet Scott filed lawsuits against Irene Emerson.
  • 59. Why did we sue our mistress?
  • 60. Here are possible reasons why the Scotts sued for freedom: 1. Maybe they were tired of not keeping their hiring out money; 2. Maybe Mrs. Emerson was planning to sell the Scotts; 3. Maybe Mrs. Emerson refused when they offered to pay for freedom. 4. Maybe they wanted freedom for their daughters.
  • 61. We lived many years in free states. Why should we still live as slaves?
  • 62. Courts in Missouri followed this law: “Once free, always free”.
  • 63. We were not the first slaves to sue for freedom. About 300 other slaves sued for freedom in Missouri. About half were successful. We thought we would win our case.
  • 64. Local Courts The Scotts sued at the local court level. Local and State Courts
  • 65. There were two trials.
  • 66. There were two trials. The Scotts lost the first trial in 1847.
  • 67. There were two trials. The Scotts lost the first trial in 1847. In 1850, the court in the second trial decided the Scotts must be free. This court also said Mrs. Emerson owed the Scotts money she earned from hiring them out.
  • 68. Mrs. Emerson appealed to the Missouri State Supreme Court.
  • 69. Mrs. Emerson appealed* to the Missouri State Supreme Court. *appeal = ask a higher court for a new trial
  • 70. State Supreme Courts State Courts of Appeal United States District Courts Local Courts Local and State Courts
  • 71. The Missouri State Supreme Court held a third trial in 1852. The State Supreme Court decided the Scotts must remain slaves.
  • 72. The Missouri State Supreme Court held a third trial in 1852. The State Supreme Court decided the Scotts must remain slaves.
  • 73.
  • 74. St. Louis Lawyer Roswell Field He worked 6 years in the courts to free the Scott family.
  • 75. In 1854, Irene Emerson moved east near her brother. She transferred her ownership of Dred Scott to her brother, John Sanford from New York State. Because the case involved people from two different states, it moved from Missouri State Court to U.S. Federal Court.
  • 76. United States Courts of Appeals State Supreme Courts State Courts of Appeal United States District Courts Local Courts The case moved from the Missouri state courts to the Federal courts. Local and State Courts Federal Courts
  • 77. So, we sued our new owner, Mr. Sanford, in our fourth trial in Federal Court.
  • 78. The Scotts lost their fourth trial. The Federal Court decided that the Scotts were not citizens, so they had no right to sue for freedom.
  • 79. The Scotts lost their fourth trial. The Federal Court decided that the Scotts were not citizens, so they had no right to sue for freedom.
  • 80. The Scotts lost their fourth trial. The Federal Court decided that the Scotts were not citizens, so they had no right to sue for freedom.
  • 81. We appealed that decision in our fifth trial in Federal Court.
  • 82. United States Supreme Court United States Courts of Appeals State Supreme Courts State Courts of Appeal United States District Courts Local Courts Local and State Courts Federal Courts
  • 83. United States Supreme Court United States Courts of Appeals State Supreme Courts State Courts of Appeal United States District Courts Local Courts Local and State Courts Federal Courts
  • 85. In 1856, I went to the Supreme Court in Washington, D.C., to argue the case for the Scotts. Lawyer Montgomery Blair
  • 86. I used state laws and the U.S. Constitution to convince the nine Supreme Court Justices that my arguments were correct. Lawyer Montgomery Blair
  • 87. Nine judges sit on the Supreme Court.
  • 88. Nine judges sit on the Supreme Court. The Judges are called ‘Justices.’
  • 89. Nine judges sit on the Supreme Court. The Judges are called ‘Justices.’ They are appointed by the President and approved by Congress.
  • 90. Nine judges sit on the Supreme Court. The Judges are called ‘Justices.’ They are appointed by the President and approved by Congress. Supreme Court Justices’ terms are for life.
  • 92. This is where the Supreme Curt meets today. This building was completed in 1935. During the time of Dred Scott, the court met inside the U.S. Capitol building.
  • 93. The U.S. Capitol building today.The U.S. Capitol in 1850.
  • 95. The interior of the Supreme Court in 1857. The Chief Justice sat here.
  • 96.
  • 97. 1 2 3 4 5 6 7 8 9 Seven of the Supreme Court Justices supported the rights of slave owners.
  • 99. I was born in the southern state of Maryland. We were a slave-holding family. Our slaves worked on our large plantation. Chief Justice Roger Taney
  • 100. I had slaves, but I emancipated them. Still, I believed slavery should be permitted. In my opinion, Congress had no right to change slave laws. Chief Justice Roger Taney
  • 101. In the Supreme Court, I argued “freedom based on residence in a free state was permanent.”
  • 102. “A Negro of African descent could be a citizen of the United States.”
  • 103. On March 6, 1857, Dred and Harriet Scott finally received a decision about their suit for freedom.
  • 104. …the enslaved African race were not intended to be included, and formed no part of the people who framed and adopted the Declaration of Independence . . ."
  • 105. African Americans, free or slave, could not be citizens of any state, that they were "of an inferior order, and altogether unfit to associate with the white race."
  • 106. Chief Justice Taney ruled because of Scott’s race, he was not a citizen of the United States. Scott had no right to sue his master.
  • 107. Justice Taney said Dred Scott was not free even if he lived in "free states." He also said Congress could not prohibit slavery because he said it was against the Fifth Amendment of the Constitution.
  • 108. Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  • 109. Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  • 110. Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  • 111. Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  • 112. Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. lose
  • 113. Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. lose
  • 114. Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. lose
  • 115. http://shs.umsystem.edu/famousmissourians/leaders/dscott/dscotttaney.html Fifth Amendment: No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  • 116. The Supreme Court’s decision: Enslaved people were not free.
  • 117. The Supreme Court’s decision: Enslaved people were not free.
  • 118. According to the Supreme Court of 1857, Dred, Harriet, Eliza and Lizzie Scott were to remain slaves.
  • 119. Americans argued with each other about the Dred Scott decision. “A slaveholder’s instead of a freemen’s constitution? Never!” (New York Evening Post) “Opposition to southern opinion upon this subject is now opposition to the Constitution!” (Augusta Constitutionalist)
  • 120. Justice Benjamin Curtis was so angry with Chief Justice Taney’s opinion about Dred Scott that he resigned from the Supreme Court. 1 2 3 4 5 6 7 8 9
  • 121. Many American leaders hoped that the Dred Scott decision would end the arguments about slavery. It did not.
  • 122. The Dred Scott decision was an event that helped start the four year Civil War between North and South.
  • 123.
  • 124. Slavery ended in 1865, after Congress ratified the 13th Amendment to the United States Constitution: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States
  • 125. The Scott family did become free, but not because of the courts. Mrs. Emerson married again. Her new husband, Dr. Chaffee, was an abolitionist.
  • 126. The Scott family did become free, but not because of the courts. Mrs. Emerson married again. Her new husband, Dr. Chaffee, was an abolitionist.
  • 127. The Scott family did become free, but not because of the courts. Mrs. Emerson married again. Her new husband, Dr. Chaffee, was an abolitionist. Dr. Chaffee was embarrassed to be involved in the Dred Scott decision. He convinced his wife that the Scott family must be freed.
  • 128. Peter Blow, the son of Dred Scott’s first owner, was an abolitionist, too. Three months after the Supreme Court decision, Peter Blow paid money to the Chaffees to free the Dred Scott and his family.
  • 129. For the next year, Dred Scott worked at Barnum's Hotel in St. Louis. Harriet earned money washing clothes. Dred Scott became famous because he sued for freedom.
  • 130. Sadly, Dred Scott became sick. He died on September 17, 1858, just a little more than a year after becoming free.
  • 131. http://shs.umsystem.edu/famousmissourians/leaders/dscott/dscottobituary.html Obituary for Dred Scott published in the St. Louis Evening News and Intelligencer, September 20, 1858
  • 132. http://www.common-place.org/vol-08/no-03/arenson/ The genealogist Jesuit, Father Edward Dowling, rediscovered Scott's gravesite at the 100th anniversary of the Dred Scott case. "We have in mind putting up only a simple monument," he told the newspapers. "Then if someone some day wants to put up a better monument it will at least be known where Dred Scott lies." Father Dowling indicates Dred Scott's grave to John A. Madison, the Scotts' great- grandson, and his family. St. Louis Globe-Democrat, February 10, 1957. Courtesy of the St. Louis Globe-Democrat Archives of the St. Louis Mercantile Library at the University of Missouri-St. Louis.
  • 133.
  • 134. http://news.wustl.edu/news/Pages/8967.aspx John A. Madison was Dred and Harriet Scott’s great-grandson. He was graduated from law school and worked as a teacher. Lynn Jackson is Dred and Harriet Scott’s great-great-granddaughter. She is the leader of the Dred Scott Foundation.
  • 135. http://www.thedredscottfoundation.org/dshf/index.php?option=com_content&view=article&id =105&Itemid=80 The Dred Scott Foundation is collecting money for building this statue in the St. Louis Courthouse, to remember where Dred and Harriet Scott filed their lawsuit for freedom.

Editor's Notes

  1. http://www.clker.com/clipart-male-purple-stick-figure.html
  2. http://shs.umsystem.edu/famousmissourians/leaders/dscott/dscottroswell.htm
  3. http://shs.umsystem.edu/famousmissourians/leaders/dscott/dscottroswell.htm
  4. http://en.wikipedia.org/wiki/File:Montgomery_Blair,_photo_three-quarters_length_seated.jpg
  5. http://en.wikipedia.org/wiki/File:Montgomery_Blair,_photo_three-quarters_length_seated.jpg
  6. http://en.wikipedia.org/wiki/File:Montgomery_Blair,_photo_three-quarters_length_seated.jpg
  7. http://www.sos.mo.gov/archives/resources/africanamerican/scott/scott.asp Roger B. Taney Credit: Missouri Historical Society
  8. http://www.sos.mo.gov/archives/resources/africanamerican/scott/scott.asp Roger B. Taney Credit: Missouri Historical Society
  9. http://www.sos.mo.gov/archives/resources/africanamerican/scott/scott.asp Roger B. Taney Credit: Missouri Historical Society
  10. Roger B. Taney Credit: Missouri Historical Society
  11. https://shsmo.org/historicmissourians/name/s/scottd/
  12. https://shsmo.org/historicmissourians/name/s/scottd/