March 6, 1857: The Supreme Court rules on the Dred Scott decision

Dred Scott was born into slavery in 1799. Scott was owned by a Missourian named Peter Blow. Blow tried his hand at being a surplus farmer but his talent proved insufficient to his desire. He decided to cut his loses and in turn sold his slaves, Scott among them. Scott was sold to army surgeon, Dr. John Emerson. Throughout the 1830's, Emerson and Scott traveled all over the North and South as the doctor plied his trade. In 1843, Emerson died. Scott attempted to buy his freedom from Emerson's widow, but she refused. It was then Scott decided to sue for his freedom.

With the aid of his former owner Peter Blow, and northern abolitionists, Scott sued Mrs. Emerson for his freedom. Scott's lawyers argued that having spent time in free states, he was entitled to his freedom. The argument was not unfounded. Missouri case law contained several cases in which slaves obtained their freedom due to their proximity to free states. When the case went to trial in the summer of 1847, the judge ruled in favor of Mrs. Emerson based on the fact that Scott's lawsuit was invalid. It was determined that Scott cold not sue Mrs. Emerson for his freedom because she did not own him. Prior to the trial, Scott was leased out to a Mr. and Mrs. Samuel Russell. Scott appealed the decision to the Missouri Supreme Court. As Scott's appeal was going through the courts, Mrs. Russell sold him to a man named John Sanford. The Missouri Supreme Court ruled that Scott was legally a slave and could only sue for his freedom if he currently occupied a free state. In 1853, Scott appealed further to the United States Supreme Court. By this time Scott's case had gained national attention. He was represented by U.S. district attorneys, Montgomery Blair and George T. Curtis. Sanford was represented by former Senators, Reverdy Johnson and Henry S. Geyer. After a highly contested trial, the justices passed a ruling in the case on March 6, 1857.

In a 6 to 3 decision, the Court ruled for Sanford. Chief Justice Roger B. Tawney wrote the majority's decision. In his decision, he described three stipulations that the Court's decision allowed for. Firstly, Scott did not have any right to sue for his freedom, and for that matter, slaves in general do not have any rights protected by the Constitution. Secondly, slaves are not made free by occupying free soil. Lastly, Congress does not have the right to infringe slavery in any state or territory of the United States. Slavery is allowed based on the protections granted in the 5th Amendment of the Bill of Rights. Tawney's landmark ruling essentially nullified any compromises passed by Congress to stem the tide of slavery and pushed the nation that much closer to the brink of civil war.



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