Dred Scott Decision

Dred Scott was born into slavery in Southampton, VA around 1795 to owner Mr. Blow. It is uncertain whether Blow had ownership over Scott’s parents before his birth. When Blow died in the early 1830s, Scott was sold to U.S. arm doctor John Emerson. Scott married Harriett Robinson in 1836, which is when her ownership was transferred to Emerson. Emerson traveled with Scott and Robison to the Illinois and Wisconsin territories which both outlawed slavery. When Emerson died, he tried to buy him and his families freedom but Emerson’s wife denied his request.

While since Scott was residing in a free territory and he was technically free, he lost his battle with the Supreme Court. Chief Justice Taney ruled that he was not a citizen nor could he ever be a citizen, therefore he had no right to try his case in court. “...they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit." The case’s decision added to the growing tension between the north and south and ultimately was a catalyst to the Civil War three years later.

There were two dissenting opinions on the case, by Justice Curtis and McLean. One argument was that when the Articles of Confederation were ratified, “all free native-born inhabitants of the States of New Hampshire, Massachusetts, New York, New Jersey, and North Carolina, though descended from African slaves, were not only citizens of those States, but such of them as had the other necessary qualifications possessed the franchise of electors, on equal terms with other citizens.” Many agreed with the dissent, but it will take a Civil War to change the African Americans fate.