Cody Wandersee. Prof. Angela Rush. Intro To Constitutional
1937 Words8 Pages
Prof. Angela Rush
Intro to Constitutional Law
25 January 2017 Scott v. Sandford, 60 U.S.; 19 Howard 393; 15 L.Ed. 691 (1857)
Dred Scott v. John F. A. Sandford
This case was brought up by writ of error, from the Circuit Court of the US for the district of Missouri.
The action of trespass vi et armis instituted by the Circuit Court of the district of Missouri.
Before the suit was brought to the U.S. Supreme Court, an action was brought by Scott to bring about his freedom in the Circuit Court of St. Louis. Where the verdict and judgment was in his favor. Where it was brought to the Supreme Court of the State (Missouri) and was reversed.
The declaration made by Scott contended that three arguments:
I. That the…show more content… Emerson. Dr. Emerson was a surgeon in the U.S. Army. Within that same year, Dr. Emerson took the PL from Missouri to a military post located in Rock Island within the state of Illinois. Around April of 1836, Dr. Emerson took the PL from Rock Island to another military post located at Fort Snelling, on the Mississippi river, in the territory of Upper Louisiana. Dr. Emerson held the PL in slavery there until 1838.
In 1835 Harriot, the PL wife was a slave owned by Major Talliaferro. In 1838 the Major took Harriot to Fort Snelling, keeping her there as a slave until 1836. He then sold her as a slave to Dr. Emerson who held her as a slave until the year 1838.
In 1836 the PL and Harriot were intermarried with the permission of Dr. Emerson Elisa and Lizzie are the children of this marriage between the PL and Harriot. Eliza was around the age of fourteen and Lizzie was around the age of seven at the time of proceedings. In the year 1838 Dr. Emerson took the PL his wife, and two children to the State of Missouri where they have stayed since.
Before this suit was commenced, Dr. Emerson sold the PL his wife and children to the DF as slaves.
• It should be noted that Irene Emerson (Dr. Emerson’s wife) inherited his estate, after her husband died, which including the PL and his family. For three years after John Emerson 's death, she continued to lease out the Pl and his family as hired slaves. In 1846, the PL