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Constitutional Law Keyed to Choper
Dred Scott v. Sandford
Citation:
60 U.S. 393 (1857)Facts
Dred Scott was born into slavery in Virginia around 1799. In 1834, he was purchased by Dr. John Emerson, an army surgeon. Emerson took Scott from Missouri to Rock Island, Illinois (a free state) in 1834, and then to Fort Snelling in the Wisconsin Territory (north of the Missouri Compromise line) in 1836. At Fort Snelling, Scott married Harriet Robinson, another slave. Emerson later moved the Scotts back to Missouri in 1838. After Emerson’s death in 1843, Scott attempted to purchase his freedom from Emerson’s widow but was refused. In 1846, Scott sued for his freedom in Missouri state court, claiming that his residence in free territory had made him free. After a complex series of state court proceedings, Scott brought his case to federal court, claiming diversity jurisdiction as a “citizen” of Missouri suing Sandford, a citizen of New York.
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