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Primary Source:  Lincoln's House Divided Speech.

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Primary Source:  Lincoln's House Divided Speech.

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Lincoln Believed that the recent decision on the Dred Scott case was part of the Democratic Conspiracy that would lead to the legalization of slavery in all states. Referring to the decision that even though Dred Scott lived in a free state he would remain a slave, he said, "what Dred's Scott's master might lawfully do with Dred Scott, in the free state of Illinois, every other master may lawfully do with any other one, or one thousand slaves, in Illinois, or in any other free state."

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Dred Scott was a hero for African American people in a time when it was dangerous for a black man to stand up and say I want to be free. He made the way for the end of slavery, and for the election of Abraham Lincoln.

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Dred Scott started his pursuit of freedom for him and his family in 1846. It took 10 long years of unsuccessful appeals just for the supreme court to deny his suit. At this time the supreme court stated that all people of African American decent no matter whether they were enslaved or free could not become citizens of the United States and therefore were not allowed to file law suits in the federal court system. In addition to this ruling the Supreme Court also ruled that the government did not have the say so on whether or not a territory could have slaves and ruled it unconstitutional. [1]

After being purchased by John Emerson after the death of his owner Peter Blow, Scott lived in both Illinois and Wisconsin for a combined total of 5 years. Both of these states were free states at this time. He will use this as the basis for his defense on obtaining his freedom. Before beginning his suit, Scott did try and buy his freedom from John Emerson's widow, but she refused to allow this.[1]

Scott lost his first trial on a technicality, because he was unable to prove that that he and his wife were owned by his former master Emerson's widow. It wasn't until 1850 that he was able to get a retrial by the St. Louis circuit court, which ruled that Scott and his family could be freed slaves. In 1852 The Missouri Supreme court stepped in and reversed the ruling of the lower court. So his free ruling was very short lived. Scott and his lawyers then had to take it to a federal court which would have been the United States circuit court in Missouri.[2]

In 1854 the United States circuit court of Missouri upheld the decision of the Missouri Supreme Court. In 1856 9 justices of the Supreme court heard the case and what they needed to determine is if they had jurisdiction to try the case and whether Scott was a citizen. [2]

The ruling was read in 1857 by Chief Justice Roger B. Taney who wrote the majority opinion. The majority opinion stated that because Scott was black he was not a citizen and had no right to sue. The decision also declared the Missouri Compromise of 1820, legislation which restricted slavery in certain territories, unconstitutional.[3]

Although Scott was unsuccessful in his attempt at fighting with the courts for his freedom and being considered a citizen of the United States, the sons of Peter Blow, who had also been helping him pay for all of his legal fees, bought Scott and his family and then freed them. Unfortunately Scott did not get to live as a free man for long as he died 9 months later.

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[1]"Dred Scott's Fight For Freedom." PBS. Accessed December 11, 2017. https://www.pbs.org/wgbh/aia/part4/4p2932.html.
[2]"1857 Dred Scott Case." 1857 Dred Scott Case. Accessed December 11, 2017. http://www.compromise-of-1850.org/dred-scott-case-1857/.
[3]"Civil War Era." Teaching American History. Accessed December 11, 2017. http://teachingamericanhistory.org/library/document/speech-on-the-dred-scott-decision/

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Roger B. Taney wrote the majority opinion for this case. This stated that slaves were not citizens of the United States and therefore could not expect any protections from the Civil Courts.

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Dred Scott was initially owned by a man by the name of Peter Blow. When Blow died he was purchased by John Emerson and after his death Emersons widow assumed ownership. Scott offered to by his and his family freedom from the widow but she declined.

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Dred Scott was an enslaved African American that fought unsuccessfully for his freedom from 1846 to 1857.