Dred Scott v. Sandford

60 U.S. (19 How.) 393 (1857)

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Nature of the Case

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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.