Dred Scott v. Sandford (1857)

Diagram of How the Case Moved Through the Court System

Supreme Court of the United States

The Court found in favor of Sandford and stated that Scott should remain a slave, that as a slave he is not a citizen of the U.S. and thus not eligible to bring suit in a federal court, and that as a slave he is personal property and thus has never been free.

The Court further declared unconstitutional the provision in the Missouri Compromise that permitted Congress to prohibit slavery in the territories.

Dred Scott v. Sandford (1857)

 
State Federal

Missouri Supreme Court

Reversed the decision by the circuit court saying Dred Scott and his family were not free.

Dred Scott v. Emerson (1852)

U.S. Court for the District of Missouri

Sandford (Mrs. Emerson's brother who was now responsible for the estate) had moved to New York, leaving Scott in Missouri. Because of a peculiar turn of events in the Missouri court system and law, Scott was in the unusual position of deciding whether to appeal directly from the Missouri Superme Court to the U.S. Supremem Court or to start his case over again in federal district court. Scott chose to bring a new suit in federal court on the basis that he and the defendant were now citizens of different states. The jury decided that Dred Scott and his family were not free.

Dred Scott v. Sandford (1854)



Note: This case did not follow the standard appellate procedure. Today, an individual's only option after receiving an unfavorable state supreme court ruling is usually to appeal to the United States Supreme Court and not a lower federal court.

Missouri Circuit Court of St. Louis County

The jury in a second trial decided that the Scotts deserve to be free, based on their years of residence in the non-slave territories of Wisconsin and Illinois.

Dred Scott v. Emerson (1850)

Missouri Circuit Court of St. Louis County

On behalf of himself, his wife, and his two daughters, Dred Scott sued his owner in state court to win his freedom. The circuit court ruled in favor of Mrs. Emerson (the owner), dismissing the Scotts' case but allowing the Scotts to re-file their suit.

Dred Scott v. Emerson (1847)

 
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Historical Background and Resources from "Africans in America" by PBS / WGBH
 
Diagram of How the Case Moved Through the Court System
 
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Key Excerpts from the Dissenting Opinion
 
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Activities
    The Case
Read a Dred Scott Chronology
 
Trace Dred Scott's Travels on a U.S. Map
 
Classifying Arguments in the Case
 
Political Cartoon Analysis
 
Accounts from the Courtroom

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    After the Case
Read Newspaper Editorials on the Supreme Court's Decision
 
Read Abraham Lincoln's Speech on the Dred Scott Decision
 
Read a Historian's Discussion of Dred Scott's Significance
 
Visit Dred Scott's Grave
 
How Difficult is it to Become a Citizen?

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