Dred Scott v. Sandford
Dred Scott v. Sandford, 60 U.S. 393, was a landmark decision of the United States Supreme Court that held the United States Constitution did not extend American citizenship to people of black African descent, and therefore they could not enjoy the rights and privileges the Constitution conferred upon American citizens. The decision is widely considered the worst in the Supreme Court's history, widely denounced for its overt racism, judicial activism, and poor legal reasoning. It de jure nationalized slavery, and thus played a crucial role in the events that led to the American Civil War four years later. Legal scholar Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions." Chief Justice Charles Evans Hughes called it the Court's "greatest self-inflicted wound".
The decision involved the case of Dred Scott, an enslaved black man whose owners had taken him from Missouri, a slave-holding state, into Illinois and the Wisconsin Territory, where slavery was illegal. When his owners later brought him back to Missouri, Scott sued for his freedom and claimed that because he had been taken into "free" U.S. territory, he had automatically been freed and was legally no longer a slave. Scott sued first in Missouri state court, which ruled that he was still a slave under its law. He then sued in U.S. federal court, which ruled against him by deciding that it had to apply Missouri law to the case. He then appealed to the U.S. Supreme Court.
In March 1857, the Supreme Court issued a 7–2 decision against Scott. In an opinion written by Chief Justice Roger B. Taney, the Court ruled that people of African descent "are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States"; more specifically, that African Americans were not entitled to "full liberty of speech... to hold public meetings... and to keep and carry arms" along with other constitutionally protected rights and privileges. Taney supported his ruling with an extended survey of American state and local laws from the time of the Constitution's drafting in 1787 that purported to show that a "perpetual and impassable barrier was intended to be erected between the white race and the one which they had reduced to slavery." Because the Court ruled that Scott was not an American citizen, he was also not a citizen of any state and, accordingly, could never establish the "diversity of citizenship" that Article III of the U.S. Constitution requires for a U.S. federal court to be able to exercise jurisdiction over a case. After ruling on those issues surrounding Scott, Taney struck down the Missouri Compromise because, by prohibiting slavery in U.S. territories north of the 36°30′ parallel, it interfered with slave owners' property rights under the Fifth Amendment to the United States Constitution.
Although Taney and several other justices hoped the decision would settle the slavery controversy, which was increasingly dividing the American public, the decision only exacerbated interstate tension. Taney's majority opinion suited the slaveholding states, but was intensely decried in all the other states. The decision inflamed the national debate over slavery and deepened the divide that led ultimately to the American Civil War. In 1865, after the Union's victory, the Court's ruling in Dred Scott was superseded by passage of the Thirteenth Amendment to the U.S. Constitution, which outlawed slavery, and by Congress with the Civil Rights Act of 1866 conferring full Citizenship and equal rights flowing from it. After southern lawyers and courts countermanded this federal law with state law, Congress and 3/4 of the States in 1868 constitutionalized the 1866 Act by enacting the Fourteenth Amendment, whose first section guaranteed citizenship for "ll persons born or naturalized in the United States and subject to the jurisdiction thereof."
Historians agree that the Court decision was a major disaster for the nation as it dramatically inflamed tensions leading to the Civil War. The ruling is widely considered to have had the intent of bringing finality to the territorial crisis resulting from the Louisiana Purchase by creating a constitutional right to own slaves anywhere in the country, while permanently disenfranchising all people of African descent, in an act generally believed to constitute blatant judicial activism. Often cited in proof of this is the court's decision to go out of its way to overturn the Missouri Compromise, which had already been replaced with the Kansas–Nebraska Act and thus was a legally moot issue, because the latter act was determined by the due process of popular sovereignty, and thus could not be overturned the same way as the Missouri Compromise. During the United States election of 1860, Republicans rejected the ruling as being corrupted by partisanship and non-binding because the court had no jurisdiction. Their presidential nominee, Abraham Lincoln, stated he would not permit slavery anywhere in the country except where it already existed, which directly contradicted the court's ruling. His election is considered the final event that led the Southern states to secede from the Union, igniting the Civil War.
Background
Political setting
In the late 1810s, a major political dispute arose over the creation of new U.S. states from the vast territory the United States had acquired from France in 1803 by the Louisiana Purchase. The dispute centered on whether the new states would be "free" states in which slavery would be illegal, as in the Northern states, or whether they would be "slave" states in which slavery would be legal, as in the Southern states.In 1820, the U.S. Congress passed legislation known as the "Missouri Compromise" that was intended to resolve the dispute. The Compromise first admitted Maine into the Union as a free state, then created Missouri out of a portion of the Louisiana Purchase territory and admitted it as a slave state; it also prohibited slavery in the area north of the parallel 36°30′ north, where most of the territory lay. The legal effects of a slaveowner taking his slaves from Missouri into the free territory north of latitude 36°30′ north, as well as the constitutionality of the Missouri Compromise itself, eventually came to a head in the Dred Scott case.
Dred Scott and John Emerson
was born a slave in Virginia around 1799. Little is known of his early years. His owner, Peter Blow, moved to Alabama in 1818, taking his six slaves along to work a farm near Huntsville. In 1830, Blow gave up farming and settled in St. Louis, Missouri, where he sold Scott to U.S. Army surgeon Dr. John Emerson. After purchasing Scott, Emerson took him to Fort Armstrong in Illinois. A free state, Illinois had been free as a territory under the Northwest Ordinance of 1787 and had prohibited slavery in its constitution in 1819 when it was admitted as a state.In 1836, Emerson moved with Scott from Illinois to Fort Snelling in the Wisconsin Territory in what has become the state of Minnesota. Slavery in the Wisconsin Territory was prohibited by the U.S. Congress under the Missouri Compromise. During his stay at Fort Snelling, Scott married Harriet Robinson in a civil ceremony by Harriet's owner, Major Lawrence Taliaferro, a justice of the peace who was also an Indian agent. The ceremony would have been unnecessary had Dred Scott been a slave, as slave marriages had no recognition in the law.
In 1837, the army ordered Emerson to Jefferson Barracks Military Post, south of St. Louis. Emerson left Scott and his wife at Fort Snelling, where he leased their services out for profit. By hiring Scott out in a free state, Emerson was effectively bringing the institution of slavery into a free state, which was a direct violation of the Missouri Compromise, the Northwest Ordinance, and the Wisconsin Enabling Act.
Irene Sanford Emerson
Before the end of the year, the army reassigned Emerson to Fort Jesup in Louisiana, where Emerson married Eliza Irene Sanford in February 1838. Emerson sent for Scott and Harriet, who proceeded to Louisiana to serve their master and his wife. Within months, Emerson was transferred back to Fort Snelling. While en route to Fort Snelling, Scott's daughter Eliza was born on a steamboat under way on the Mississippi River between Illinois and what would become Iowa. Because Eliza was born in free territory, she was technically born as a free person under both federal and state laws. Upon entering Louisiana, the Scotts could have sued for their freedom, but did not. One scholar suggests that, in all likelihood, the Scotts would have been granted their freedom by a Louisiana court, as it had respected laws of free states that slaveholders forfeited their right to slaves if they brought them in for extended periods. This had been the holding in Louisiana state courts for more than 20 years.Toward the end of 1838, the army reassigned Emerson back to Fort Snelling. By 1840, Emerson's wife Irene returned to St. Louis with their slaves, while Dr. Emerson served in the Seminole War. While in St. Louis, she hired them out. In 1842, Emerson left the army. After he died in the Iowa Territory in 1843, his widow Irene inherited his estate, including the Scotts. For three years after John Emerson's death, she continued to lease out the Scotts as hired slaves. In 1846, Scott attempted to purchase his and his family's freedom, but Irene Emerson refused, prompting Scott to resort to legal recourse.
Procedural history
''Scott v. Emerson''
First state circuit court trial
Having been unsuccessful in his attempt to purchase his freedom, Dred Scott, with the help of his legal advisers, sued Emerson for his freedom in the Circuit Court of St. Louis County on April 6, 1846. A separate petition was filed for his wife Harriet, making them the first married couple to file freedom suits in tandem in its 50-year history. They received financial assistance from the family of Dred's previous owner, Peter Blow. Blow's daughter Charlotte was married to Joseph Charless, an officer at the Bank of Missouri. Charless signed legal documents as security for the Scotts and later secured the services of the bank's attorney, Samuel Mansfield Bay, for the trial.It was expected that the Scotts would win their freedom with relative ease. By 1846, dozens of freedom suits had been won in Missouri by former slaves. Most had claimed their legal right to freedom on the basis that they, or their mothers, had previously lived in free states or territories. Among the most important legal precedents were Winny v. Whitesides and Rachel v. Walker. In Winny v. Whitesides, the Missouri Supreme Court had ruled in 1824 that a person who had been held as a slave in Illinois, where slavery was illegal, and then brought to Missouri, was free by virtue of residence in a free state. In Rachel v. Walker, the state supreme court had ruled that a U.S. Army officer who took a slave to a military post in a territory where slavery was prohibited and retained her there for several years, had thereby "forfeit his property". Rachel, like Dred Scott, had accompanied her enslaver to Fort Snelling.
Scott was represented by three different lawyers from the filing of the original petition to the time of the actual trial, over one year later. The first was Francis B. Murdoch, a prolific freedom suit attorney who abruptly left St. Louis. Murdoch was replaced by Charles D. Drake, an in-law of the Blow family. When Drake also left the state, Samuel M. Bay took over as the Scotts' lawyer. Irene Emerson was represented by George W. Goode, a proslavery lawyer from Virginia. By the time the case went to trial, it had been reassigned from Judge John M. Krum, who was proslavery, to Judge Alexander Hamilton, who was known to be sympathetic to freedom suits.
Dred Scott v. Irene Emerson finally went to trial for the first time on June 30, 1847. Henry Peter Blow testified in court that his father had owned Dred and sold him to John Emerson. The fact that Scott had been taken to live on free soil was clearly established through depositions from witnesses who had known Scott and Dr. Emerson at Fort Armstrong and Fort Snelling. Grocer Samuel Russell testified that he had hired the Scotts from Irene Emerson and paid her father, Alexander Sanford, for their services. Upon cross-examination, however, Russell admitted that the leasing arrangements had actually been made by his wife, Adeline.
Thus, Russell's testimony was ruled hearsay, and the jury returned a verdict for Emerson. This created a seemingly contradictory outcome in which Scott was ordered by the court to remain Irene Emerson's slave, because he had been unable to prove that he was previously Irene Emerson's slave.