American society and in constitutional law, and also denied the supremacy of Congress over the territories and the constitutionality of the "Missouri Compromise." Four years of civil war were necessary to overrule this sweeping opinion of Chief Justice Taney's, which is still referred to with awe and veneration by a large minority, if not by a majority, of the legal profession.
To Roswell Field belongs the honor of instituting the original action for Dred Scott, without fee or expectation of compensation. The details of this celebrated case, after it got into the United States courts, are a part of the history of our country. What I am about to relate is scarcely known outside of the old Court House and Hall of Records in St. Louis.
Dred Scott was a negro slave of Dr. Emerson, a surgeon in the United States Army, then stationed in Missouri. Dr. Emerson took Scott with him when, in 1834, he moved to Illinois, a free state, and subsequently to Fort Snelling, Wis. This territory, being north of 36 degrees and 30 minutes, was free soil under the Missouri Compromise of 1820. At Fort Snelling, Scott married a colored woman who had also been taken as a slave from Missouri. When Dr. Emerson returned to Missouri he brought Dred Scott, his wife, and child with him. The case came to the attention of Roswell Field, and at once enlisted all his human sympathy and great legal ability. His first petition to the Circuit Court for the County of St. Louis is too important and unique a human document not to be preserved in full. It reads:
Your petitioner, a man of color, respectfully represents that sometime in the year 1835 your petitioner was purchased as a slave by one John Emerson, since deceased, who afterwards, to wit, about the year 1836 or 1839, conveyed your petitioner from the State of Missouri to Fort Snelling, a fort then occupied by the troops of the United States, and under the jurisdiction of the United States, situated in the territory ceded by France to the United States under the name of Louisiana, lying North of 36 degrees and 30 minutes North latitude, not included within the limits of the State of Missouri; and resided and continued to reside at said Fort Snelling for upwards of one year, and holding your petitioner in slavery at said Fort during all that time; in violation of the act of Congress of March 6th, 1820, entitled "An act to authorize the people of Missouri Territory to form a constitution and State government and for the admission of such state into the Union on an equal footing with the original states and to prohibit slavery in certain territories."
Your petitioner avers that said Emerson has since departed this life, leaving a widow, Irene Emerson, and an infant child whose name is unknown to your petitioner, and that one Alexander Sandford has administered upon the estate of said Emerson and that your petitioner is now unlawfully held by said Sandford as said Administrator and said Irene Emerson who claims your petitioner as part of the estate of said Emerson and by one said Samuel Russell.
Your petitioner therefore prays your Honorable Court to grant him leave to sue as a free person in order to establish his right to freedom and that the necessary orders may be made in the premises.
(Signed) DRED SCOTT.
| his | ||
| DRED | X | SCOTT |
| mark |
Sworn to and subscribed before me this 1st day July, 1847,
PETER W. JOHNSTONE, J.P.
Upon reading the above petition this day, it being the opinion of the Judge of the Circuit Court that the said petition contains sufficient matter to authorize the commencement of a suit for his freedom, it is hereby ordered that the said petitioner, Dred Scott, be allowed to sue, on giving security satisfactory to the Clerk of the Circuit Court for all costs that may be adjudged against him, and that he have reasonable liberty to attend his counsel and the Court as occasion may require, and that he be not subjected to any severity on account of this application for his freedom and that he be not removed out of the jurisdiction of the Court.
A. HAMILTON, Judge of the St. Louis Circuit Court, 8th Judicial Circuit, Mo. July 2d, 1847.
Having obtained the desired leave to sue from Judge Alexander Hamilton, Roswell Field procured Joseph Charless, one of the leading citizens of St. Louis, to execute the necessary bond for costs. Then he lost no time in filing the following complaint, which I have no doubt Eugene Field would have mortgaged many weeks' salary to number among his most precious possessions. He would have cherished it above the Gladstone axe, for, while that felled mighty oaks, this brief document laid the axe at the root of a deadly upas-tree which threatened the destruction of a free republic. I offer no apology for its insertion here:
| STATE OF MISSOURI, | ) | ||
| COUNTY OF ST. LOUIS | ) | ss. |
CIRCUIT COURT OF ST. LOUIS,
ST. LOUIS COUNTY.
November Term, 1847.
Dred Scott, a man of color, by his attorneys, plaintiff in this suit, complains of Alexander Sandford as administrator of the estate of John Emerson deceased, Irene Emerson and Samuel Russell, defendants of a plea of trespass. For that the said defendants heretofore, to wit on the 1st day of July in the year 1846 at to wit the County of St. Louis aforesaid with force and arms assaulted the said plaintiff and then and there, beat, bruised, and ill-treated him and then and there imprisoned and kept and detained him in prison there without any reasonable or probable cause whatsoever, for a long time, to wit for the space of one year, then next following, contrary to law and against the will of the said plaintiff; and the said plaintiff avers that before and at the time of the committing of the grievances aforesaid, he the said plaintiff was then and there and still is a free person, and that the said defendants held and still hold him in slavery, and other wrongs to the said plaintiff then and there did against the peace of the State of Missouri to the damage of the said plaintiff in the sum of ($300) Three Hundred Dollars, and therefore he sues.
FIELD & HALL, Attys. for Plff.
With this brief and bald complaint for trespass to the person and false imprisonment was begun a long and stubbornly fought litigation, extending over ten years, and which was destined to end in Chief Justice Taney declaring:
They [negroes] had for more than a century before [the Declaration of Independence] been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior that 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. He was bought and sold and treated as an ordinary article of merchandise and traffic whenever a profit could be made by it.
From the beginning of his connection with this case Roswell Field contended for the broad principle enunciated by Lord Mansfield that "Slavery is so odious that nothing can be suffered to support it but positive law." He consented to a discontinuance of the original action because of the variance of the complaint from the subsequently discovered facts. In the second suit Dred Scott and his family were declared free by the local court, but the judgment was reversed on appeal to the Supreme Court of the state. Judge Gamble, in dissenting from the opinion of the majority of the Court, held that "In Missouri it has been recognized from the beginning of the Government as a correct position in law that a master who takes his slave to reside in a state or territory where slavery is prohibited thereby emancipates his slave."
The subsequent sale of Dred Scott to
