Defining Dred Scott

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Engraving, Dred Scott, 1887, LOC
Question

Who was Dred Scott, and what was the significance of his case?

Answer

Dred Scott was one of the most famous slaves in American history. By filing for freedom in St. Louis Circuit Court on April 6, 1846, this husband and father of two girls set in motion a chain of events that helped bring about the coming of the Civil War and the destruction of slavery.

Scott was born about 1800 in Virginia, and grew up as the property of Peter Blow. The Blow family moved westward and eventually settled in St. Louis, MO, by 1830. A few years later, U.S. Army surgeon John Emerson purchased Scott and brought him to Illinois and then the Wisconsin Territory. At Fort Snelling (in what is now Minnesota), Dred Scott married Harriet Robinson, who was owned by another white man living in the fort. Dred and Harriet Scott then raised two girls, Eliza and Lizzie.

The Scotts had a strong legal claim, derived from the principle known as "once free, always free."

After returning to St. Louis. John Emerson died in 1843, and his widow Irene Emerson, with the help of her brother, John Sanford, began hiring out Dred and Harriet to other slaveholders. However, because the Scotts had been held as slaves in free states and territories–not just during transit or “sojourn,” but for extended periods of time—they were eligible to sue in Missouri courts for freedom. Many historians now believe that Harriet Scott discovered this information from her pastor and was behind their freedom suits in April 1846.

The Scotts brought suit against Mrs. Emerson in 1846, which was decided against them, but in a subsequent action in 1850 the court sided with the Scotts. The Scotts had a strong legal claim, derived from the principle known as “once free, always free” and protected within the federal system by the doctrine of comity, meaning that the states had to honor each other’s laws. The startling reversal by the Missouri Supreme Court in 1852 of an earlier legal victory by the Scotts signaled a dramatic breakdown in comity and the rising threat of disunion. Both pro- and anti-slavery forces quickly realized the national implications of the state verdict and re-filed arguments in federal courts as Dred Scott v. Sandford.

Dred Scott, however, was not alive to see either that political contest or the war that subsequently ended slavery.

The legal battle continued until March 6, 1857, when Chief Justice Roger Taney read a sweeping majority opinion from the Supreme Court that denied blacks federal citizenship rights, swept aside comity concerns, and invalidated the 1820 Missouri Compromise legislation, declaring that Congress had no power to prohibit slavery in the territories. The furious backlash against the decision by Northern Republicans essentially guaranteed that the election of 1860 would be one of the most significant in American history.

Dred Scott, however, was not alive to see either that political contest or the war that subsequently ended slavery. He had died in 1858, a free man and head of a free household. Taylor Blow, the son of Dred Scott’s first owner, had made the remarkable decision in May 1857 to purchase the entire Scott family and set them free. There are still descendants of the Scotts alive today.

For more information

Arenson, Adam. “Freeing Dred Scott.” Common-Place 8:3 (April 2008)

Ehrlich, Walter. They Have No Rights: Dred Scott’s Struggle for Freedom. Westport, CT: Greenwood Press, 1979.

Fehrenbacher, Don E. The Dred Scott Case: Its Significance in American Law and Politics. New York: Oxford University Press, 1978.

Konig, David Thomas, Paul Finkelman, and Christopher Alan Bracey, eds. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law. Athens: Ohio University Press, 2010.

Pinsker, Matthew. “Dred and Harriet Scott: A Family Story of Slavery and Freedom.” Video presentation. Gilder Lehrman Institute for American History.

Washington University in St. Louis. “The Revised Dred Scott Case Collection.”

VanderVelde, Lea. Mrs. Dred Scott: A Life on Slavery’s Frontier. New York: Oxford University Press, 2009.

Labor Arts

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Lithograph, "John Henry," William Gropper, Between 1897 and 1977
Annotation

A modestly-sized exhibition of visual materials from a variety of labor-related organizations that focuses on ways in which artists and others have celebrated working people and labor unions in 20th-century America. Includes 44 photographs, 19 images of leaflets and pamphlets, 13 buttons, badges, and ribbons, 25 examples of cartoon art, eight songbook and sheet music covers, six images from murals, and nine covers from the journal Labor Defender. Covers themes of workers at work, strikes, parades, demonstrations, and the civil rights movement. Provides exhibits on original art depicting labor, the New York City "culture of solidarity," and the early struggles of the Hotel and Motel Trades Council. Materials are identified with short descriptions of up to 100 words. Offers links to 61 related sites. Useful for those studying political uses of visual culture in 20th-century America.

Hanby House [OH]

Description

This is the home of Benjamin Russell Hanby, composer of numerous songs, including "Darling Nellie Gray" and "Up on the Housetop." Hanby played many roles in his life, as well as composer: student, abolitionist, father, teacher, minister. The house was built in 1846 and occupied by the Hanbys from 1853 to 1870. From their house and barn, Ben Hanby and his father, Bishop William Hanby, ran a busy station on the Underground Railroad. The home contains furniture and personal items from the family. There is a walnut desk made by Hanby. The original plates for the first edition of "Darling Nellie Gray" and a large collection of sheet music and books are at the site.

The house offers tours.

Plantation Agriculture Museum [AR]

Description

This museum interprets cotton agriculture in Arkansas from statehood in 1836 through World War II, when agricultural practices quickly became mechanized. Visitors can tour the restored 1920s cotton gin and see how cotton was grown, picked, and processed.

The museum offers exhibits, tours, educational programs, and occasional recreational and educational events.

Teaching the Emancipation Proclamation on Constitution Day

Date Published
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Print, The day of Jubelo, c. 1865, Edmund Birckhead Bensell, LoC
Article Body

Are you ready for September 17? The National Endowment for the Humanities (NEH) is. This year, the NEH will celebrate Constitution Day by honoring the Constitution together with another pivotal document from U.S. history: the Emancipation Proclamation. With the Proclamation's 150th anniversary approaching, Constitution Day is the perfect time to compare and contrast the promises made in the Constitution and the Emancipation Proclamation.

From the NEH's Emancipation Resource Portal, you can access resources and learn more about planned events. Highlights include:

  • A live, streamed performance on Constitution Day. A panel of Civil War scholars will "recreate the national scene and the dilemmas facing Americans on Sept. 22, 1862." Students will be able to submit questions via Twitter or email. (Register your "watch party" here.)
  • A contest asking students to interpret a primary source from the Freedmen and Southern Society Project or Visualizing Emancipation. (The contest is limited to students 18 years of age or older, but consider adapting the contest concept for your own school or classroom.)
  • Related lesson plans from EDSITEment.
  • An interactive timeline of emancipation from 1850 to 1877.

For more on the Emancipation Proclamation, check out materials highlighted here on Teachinghistory.org. Watch 8th-grade teacher Jason Fitzgerald introduce his students to the Proclamation using letters from Civil War soldiers. (Download the letters here as you listen to historian Chandra Manning analyze their contents.)

Or join historian John Buescher in this Ask a Historian as he considers what makes a document a founding document. Is it a document that stands for part of what the U.S. represents? A document from the country's founding?

As your students prepare for Constitution Day, the NEH's theme gives you the perfect chance to ask, "In what ways are the Constitution and the Emancipation Proclamation both founding documents?" Analyzing them together gives students a unique opportunity to explore the changing definition of "We the People."

Boston African American National Historic Site [MA]

Description

Boston African American National Historic Site is comprised of the largest area of pre-Civil War black-owned structures in the U.S. It has roughly two dozen sites on the north face of Beacon Hill. These historic buildings were homes, businesses, schools, and churches of a thriving black community that, in the face of great opposition, fought the forces of slavery and inequality.

The site offers tours.

Nicodemus National Historic Site [KS]

Description

An all-African-American town settled by former slaves fleeing the south in 1877 after Reconstruction had ended following the Civil War, Nicodemus is located in the Northwest corner of Kansas. This living community is the only remaining all-African-American town west of the Mississippi River that was settled in the 1800s on the western plains by former slaves. Five historic buildings represent this community.

The site offers exhibits, a short film, research library access, and tours.

Frederick Douglass National Historic Site

Description

The Frederick Douglass National Historic Site is dedicated to preserving the legacy of the most famous 19th-century African American. His life was a testament to the courage and persistence that serves as an inspiration to those who struggle in the cause of liberty and justice. Visitors to the site learn about his efforts to abolish slavery and his struggle for rights for all oppressed people.

The site offers tours, a film, and exhibits.