DRED SCOTT V. SANDFORD
60 U.S. (19 How.) 393 (1857)
NATURE OF THE CASE: An action was brought by Scott (P) for his freedom in state court
where there was a verdict and judgment in his favor. On a writ of error to the Supreme Court
of the State, the judgment below was reversed, and the case remanded where it was continued
to await the decision of the case now in question.
FACTS: P was taken by his owner from Missouri to Illinois. P was a Negro slave belonging
to Dr. Emerson. Dr. Emerson took P from the State of Missouri to the State of Illinois, and
held him there as a slave until the month of April or May, 1836. Dr. Emerson then moved to
the west bank of the Mississippi river, in Upper Louisiana. Dr. Emerson held P in slavery at
said Fort Snelling, from said last-mentioned date until the year 1838. In the year 1835,
Harriet was the Negro slave of Major Taliaferro. Major Taliaferro took said Harriet to Fort
Snelling and kept her there as a slave until the year 1836, and then sold and delivered her
as a slave to Dr. Emerson. He held her in slavery at said Fort Snelling until the year 1838.
In 1836, P and Harriet intermarried, and took each other for husband and wife. This was done
with the Dr.'s approval. Eliza and Lizzie, are the fruit of that marriage. Eliza is about
fourteen years old, and was born on board the steamboat Gipsey, north of the north line of
the State of Missouri, and upon the river Mississippi. Lizzie is about seven years old, and
was born in the State of Missouri. In the year 1838, said Dr. Emerson removed P and said
Harriet and their said daughter Eliza to the State of Missouri, where they have ever since
resided. Dr. Emerson sold and conveyed P, said Harriet, Eliza, and Lizzie, to Sandford (D),
as slaves, and D has ever since claimed to hold them and each of them as slaves. D claiming
to be owner laid his hands upon P, Harriet, Eliza, and Lizzie, and imprisoned them as
slaves. P brought suit for his freedom in the Circuit Court of St. Louis county; that there
was a verdict and judgment in his favor; that on a writ of error to the Supreme Court, the
judgment was reversed, and the same remanded to the Circuit Court, where it has been
continued to await the decision of this case. The court gave judgment to D on all issues, P
and his wife and children were slaves. After an ineffectual motion for a new trial, P filed
a bill of exceptions.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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