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Constitutional Law Keyed to Choper
Dred Scott v. Sandford
Citation:
60 U.S. 393 (1856)Facts
In 1834, Dred Scott was a slave belonging to Dr. Emerson, a U.S. Army surgeon. Emerson took Scott from Missouri to Rock Island, Illinois (where slavery was prohibited by state law), and in 1836 to Fort Snelling in the Wisconsin Territory (where slavery was prohibited by the Missouri Compromise). While at Fort Snelling, Scott married Harriet, another slave, with Dr. Emerson’s consent. They had two daughters: Eliza, born on a Mississippi River steamboat north of Missouri, and Lizzie, born in Missouri. In 1838, Emerson returned with the Scotts to Missouri. After Emerson’s death, his widow eventually transferred ownership of the Scotts to her brother, John Sandford. Scott sued for his freedom, claiming that his residence in free territory had legally emancipated him and his family.
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