DRED SCOTT

The Back Story

Born around 1800, Dred Scott migrated westward with his owner.
They traveled from Scott's home state of Virginia to Alabama and then,
in 1830, to St. Louis, Missouri. All slave states.

Two years later his owner died; Scott was bought by army surgeon Dr.
John Emerson, who later took Scott to the free state of Illinois. In the
spring of 1836, after a stay of two and a half years, Emerson moved to a
fort in the Wisconsin Territory, taking Scott along.

Scott's extended stay in Illinois, a free state, gave him the legal
standing to make a claim for freedom, as did his extended stay in
Wisconsin, where slavery was also prohibited. But Scott never made the claim while living in the
free lands -- perhaps because he was unaware of his rights at the time, or perhaps because he
was content with his master.

After two years, the army transferred Emerson to the south: first to St Louis, then to Louisiana.
Only after Emerson's death in 1843 did Scott seek freedom for himself and his wife. First he
offered to buy his freedom from Mrs. Emerson but the offer was refused. Scott then sought
freedom through the courts.

Scott went to trial but lost on a technicality -- he couldn't prove that he and Harriet were owned
by Emerson's widow. The following year the Missouri Supreme Court ruled that Scott and his
family were not free. There was now only one other place to go. Scott appealed his case to the
United States Supreme Court.

The Decision

The nine justices of the Supreme Court of 1856 certainly had biases regarding slavery. Seven had
been appointed by pro-slavery presidents from the South, and of these, five were from
slave-holding families. The Supreme Court had three key issues before them. First, the Court
had to rule on whether Scott was a citizen. Only citizens could sue in federal court. Second, the
Court had to decide if his time living on free soil made him free. Third, the Court had to
determine the constitutionality of prohibiting slavery in parts of the Louisiana Purchase.

The decision of the court was read in March of 1857. Chief Justice Roger B. Taney -- a staunch
supporter of slavery -- wrote the "majority opinion" for the court.

First, he addressed the issue of Dred Scott’s citizenship. Taney said the nation’s founders
believed that African Americans “had no rights which a white man was bound to respect.”
He therefore concluded that all African Americans, whether slave or free, were not citizens
under the U.S. Constitution. Thus, Dred Scott did not have the right to file suit in federal court.
Taney also ruled on the other issues before the Court. As to whether Scott’s residence on free
soil made him free, Taney flatly said it did not. Because Scott had returned to the slave state of
Missouri, the chief justice said, “his status, as free or slave, depended on the laws of Missouri.”
Finally, Taney declared the Missouri Compromise restriction on slavery north of 36°30' to be
unconstitutional. He pointed out that the Fifth Amendment said no one could “be deprived of
life, liberty, or property without due process of law.” Because slaves were considered property,
Congress could not prohibit someone from taking slaves into a federal territory. Under this
ruling, Congress had no right to ban slavery in any federal territory.

Aftermath

While the decision was well-received by slaveholders in the South, many northerners were
outraged. The nation’s highest court had ruled slaves to be property and not people. After the
Supreme Court's decision, the former master's sons purchased Scott and his wife and set them
free. Dred Scott died nine months later.

The Dred Scott case would be overturned with the passing of the 14th amendment in 1868 (a few
years after the civil war).
1. What was Dred Scott's owner's profession?

2. In what year did Dred Scott and Dr. John Emerson move to the free state of Illinois?

3. What legal standing did Scott acquire due to his extended stay in both Illinois and
Wisconsin?

4. Why did Dred Scott not seek freedom while living in the free lands?

5. How did Dred Scott attempt to gain freedom for himself and his wife after his owner's
death?

6. Why did Dred Scott lose the trial regarding his freedom in 1847?

7. Who wrote the majority opinion for the Supreme Court in 1857 regarding Dred Scott's
case?

8. According to Chief Justice Roger B. Taney, what rights did African Americans, whether
slave or free, have under the U.S. Constitution?

9. How did Taney rule on whether Dred Scott's residence on free soil made him free?

10. What ruling did Taney make regarding the Missouri Compromise restriction on slavery
north of 36°30'?
 Underground Railroad

The Underground Railroad was not a physical railroad but a network of secret routes and safe
houses used by enslaved Black people in the United States to escape to free states and Canada.
This clandestine system played a significant role in shaping American history, particularly by
contributing to the causes of the Civil War.

The operation of the Underground Railroad heightened tensions between the Northern and
Southern states over the issue of slavery. As more enslaved individuals successfully escaped to
freedom, Southern slaveholders became increasingly worried about losing their "property." This
fear was a contributing factor to the growing divide between the North and the South, ultimately
leading to the outbreak of the Civil War.

Moreover, the Underground Railroad brought the cruelty of slavery to the forefront of national
discussion. Stories of brave individuals helping enslaved people escape captivated the Northern
public and fueled the abolitionist movement. The moral outrage over the institution of slavery
grew stronger, intensifying the conflict between abolitionists in the North and pro-slavery
advocates in the South.

The impact of the Underground Railroad was not limited to the pre-war period. During the Civil
War, many formerly enslaved individuals who had found freedom through the network actively
participated in the fight for their liberation. Their experiences on the Underground Railroad
fueled their determination to bring an end to the injustices of slavery. Their involvement in the
war effort significantly influenced its outcome.

In conclusion, the Underground Railroad played a pivotal role in the lead-up to the Civil War by
escalating tensions between abolitionists and pro-slavery advocates. It also had a lasting impact
on American society by exposing the horrors of slavery and empowering formerly enslaved
individuals to fight for their freedom. The legacy of the Underground Railroad continues to
remind us of the resilience and bravery of those who fought against injustice.
1. What was the Underground Railroad?

2. How did the operation of the Underground Railroad impact the tensions between
Northern and Southern states regarding slavery?

3. In what ways did the Underground Railroad contribute to the causes of the Civil War?

4. Why were Southern slaveholders concerned about the growing number of enslaved
individuals successfully escaping via the Underground Railroad?

5. What role did the Underground Railroad play in fueling the abolitionist movement?

6. Why is it important to recognize the lasting impact of the Underground Railroad on

American society?