The Dred Scott Decision: The Supreme Court’s “Greatest Self-Inflicted Wound”

Many legal scholars consider the Dred Scott decision the worst opinion of the U.S. Supreme Court. Chief Justice Charles Evans Hughes called it the Supreme Court’s “greatest self-inflicted wound.”

The Man Behind The Decision

Dred Scott, born a slave in Virginia in 1799, was taken to Alabama by his owner before relocating to St. Louis, MO. Sold to Dr. John Emerson, a U.S. army surgeon, Scott moved to Illinois and then the Wisconsin territory, both states where slaves were considered “free.” However, slavery continued to be practiced illegally in “free” states, similar to how some engage in unlawful activities today.

In 1837, Scott met and married Harriet Robinson–who was sold by her owner to Dr. Emerson.

From 1836 to 1838, the Scotts lived in “free” territory, often separated from their army surgeon master, who was assigned to Louisiana. Eventually, the surgeon married, reuniting the families before moving to Missouri. After Dr. Emerson’s death in 1843, his widow, Harriet, inherited the Scott family. That’s when things got messy.

The Case of Dred Scott

The Dred Scott legal case originated because he desired to free himself and his family.

Scott initially sought to buy his freedom from his surgeon’s widow but she refused. He then took his case to court, arguing that since he and his family had lived freely in Wisconsin, where slavery was illegal, he was technically free. The prevailing principle was “once free, always free.”

The first Missouri circuit court ruled that Dred Scott should be a free man. However, in 1852, the Missouri Supreme Court overturned this decision, establishing a precedent that “slave” states need not respect the laws of “free” states. A key argument was that Scott should have sought his freedom while in Wisconsin, a legal step he failed to take due to possible ignorance or busyness.

The Decision

The case reached the U.S. Supreme Court, which ruled 7-2 against Dred Scott.

The decision was political and unprecedented, made by activist judges. All seven justices in the majority identified as pro-slavery Democrats appointed by Democrat presidents, while the two dissenting justices affiliated with the anti-slavery Whig and Republican parties.

The Supreme Court decision asserted that, under the U.S. Constitution, no African (black) person had intended to be, nor now could be, an American citizen. Dred Scott had no standing to file a case, a right reserved for U.S. citizens. The Court ruled that Congress could not ban slavery in territories, nullifying the Missouri Compromise of 1820. Additionally, the 5th Amendment’s due process clause prevented the government from freeing slaves brought into federal territories.

The Dred Scott decision framed all Black individuals, including those born free in America, as property. This ruling adversely affected even free Blacks in free states who owned land and voted. In one stroke, the Supreme Court stripped away the natural rights of a group based solely on skin color, delivering a severe blow to both enslaved and free Blacks and undermining the abolitionist movement.

The Dred Scott decision was the first step towards Civil War

And now the Rest of the Story…

Who financed Scott’s legal case? Surprisingly, it was the adult children of his original owner. After selling him to Dr. Emerson, they became staunch abolitionists, repenting for slavery by funding Scott’s legal battle. Their financial support reflected their commitment to right the wrongs of their family’s past.

What happened to Dred Scott, his wife and two daughters?

In 1850, the Missouri widow who originally owned the Scott family remarried a fiery abolitionist Republican doctor from Massachusetts, Calvin C. Chaffee. In 1854, he secured election to the U.S. House of Representatives. Following the 1857 Dred Scott decision, Scott and his family returned as slaves to Mrs. Chaffee, who had become an abolitionist and no longer believed in slavery.

In an effort to emancipate Dred and his family, Mrs. Chaffee faced legal complications. To bypass the courts, she deeded the Scott family to Republican congressman Taylor Blow (R-MO). Blow then freed Dred, his wife Harriet, and their two children, Eliza and Lizzie, on May 26, 1857. Dred Scott was a liberated man…only three months after the Supreme Court ruling against him!

Scott’s freedom proved short-lived, as his life ended sixteen months later from tuberculosis. His body now interred at Calvary Cemetery in St. Louis, Dred Scott’s story seemed to grow greater after his death.

To this day, a long-standing tradition exists of placing Lincoln pennies on his grave for good luck. This practice stems from the Dred Scott decision, which inspired Lincoln’s Emancipation Proclamation of 1863 and led to the 13th, 14th, and 15th Amendments. These amendments corrected the injustices faced by Dred Scott and Black Americans, granting them freedom from slavery, citizenship, and the right to vote.

But it all started with a man named Dred Scott.

And now you now the rest of HIStory.